My Mind Matters Therapy Child Safe Policy

1. Purpose

Our Child Safe Policy has been developed to demonstrate the strong commitment of Mind Matters Therapy to child safety, protection and wellbeing and establishing and maintaining a child safe and child friendly environment across all sites and in all activities.

2.  Principles

Our policy reflects our commitment to provide a safe environment where every person has the right to be treated with respect and is safe and protected from abuse. It complies with our obligations under the Children’s Protection Act 1993, including:

It also complies with the Child Safe Environments: Principles of Good Practice and Standards for dealing with information obtained about the criminal history of employees who work with children issued by the Chief Executive of the Department for Families and Communities.

Protecting the safety and wellbeing of children and young people is a fundamental responsibility that cannot be compromised.

Children and young people have a right to be:

• treated with respect and to be protected from harm.

• asked to express their views and wishes about matters affecting their lives and to have those views appropriately considered by adults.

• safe in their interactions with adults and other children and young people.

• explained as early as possible, what is meant by ‘feeling and being unsafe’.

The support of My Mind Matters Therapy employees in their service provided whose role includes being an advocate for the safety and wellbeing of children and young people.

Children and young people are entitled to the above rights irrespective of their special needs, gender, race, sexual orientation or cultural, religious or family circumstances.

Preventing and intervening in the harm of children and young people are moral and legal obligations (Children and Young People (Safety) Act, 2017).

Safety and wellbeing concerns arise within families and communities. The actions and efforts of those within and outside the health setting are needed so that interventions on behalf of children and young people can be successful and sustained.

3.  Commitment to Child Safety

All children and young people who attend My Mind Matters Therapy have a right to feel and be safe.

We are committed to the safety and well-being of all children, young people and adults accessing our services and the welfare and safety when in our care will always be our first priority. We aim to create a child safe and child friendly environment where all children and young people are valued and feel safe.

Everyone at My Mind Matters Therapy has a role to play in ensuring a safe environment for children and young people.

4.  Scope

This policy, from the date of endorsement, applies to Directors, all employees, administrators, consultants, contractors, volunteers and any other individuals involved in the organisation whether paid or unpaid capacity. It applies to all activities at My Mind Matters Therapy which involve, result in or relate to contact with children.

It also implicitly includes other individuals involved in the practice who may come into contact with children and young people in the practice and/or information pertaining to children and young people including but not limited to:

• Subcontractors (both health professionals and otherwise)

• Receptionist

• Work experience students

An indirect service provider for example may be an Accountant who, as a result of their work for My Mind Matters Therapy, has access to private client files, and as such would fall within the above definition.

We ensure our actions and processes comply with:

• Children and Young People (Safety) Act 2017 – Chapter 8;

• Child Safety (Prohibited Persons) Act 2016

5. Children and Young People’s participation

My Mind Matters Therapy encourages the views of children and young people who access our services. We respect the views of children and young people and encourage them to ‘have a say’ about things that are important to them, we listen to and act upon any concerns that children, young people or their families raise with us.

We use clear age-appropriate or developmentally appropriate explanations to children and young people and allow for questions and/or concerns during our sessions. We involve children and young people in decision-making as appropriate.

We are committed to the rights of children and young people to feel safe when accessing our services, we listen to and act on any concerns children, young people, their parents or carers raise with us. We are aware to recognise cues, seek permission and respect choice. We inform children and young people what they can do if they feel unsafe

We value diversity and do not tolerate any discriminatory practices.

6.  Recruitment Practices

My Mind Matters Therapy takes all reasonable steps to ensure that we engage the most suitable and appropriate people to work with children in meeting the requirements of the Child Safety (Prohibited Persons) Act 2016. We use appropriate screening measures and apply best practice standards in the screening and recruitment of employees, contractors and volunteers.

Our measures include:

• Written applications

• Face to face interviews

• Professional reference checks

• DHS Working With Children Checks

• Police Clearance

Any person who is unable to obtain DHS Working with Children will not be employed by My Mind Matters Therapy

My Mind Matters Therapy provides support to employees and volunteers to maintain child safe environments.

• All new employees undergo induction and receive a copy of our Child Safe Policy and Code of Conduct.

• We have strategies in place to supervise, train and support employees and volunteers.

• Performance reviews with Practice Manager and supervisors.

• All professional staff need to comply with mandatory professional development as outlined by their relevant Registration Boards, Professional Associations and Commonwealth and State Laws.

7.  Code of Conduct

Code of Conduct for all Employees, Contractors and Volunteers of My Mind Matters Therapy Everyone at My Mind Matters Therapy must abide by our Code of Conduct.

Protection Guidelines

In addition to the obligations placed on practitioners under the varying codes of conduct of their own registration boards and professional associations, all employees of this practice are responsible for promoting the safety and well-being of children and young people.

All health professionals at My Mind Matters Therapy will adhere to the code of conduct for registered health practitioners of the Australian Health Practitioner Regulation Agency (AHPRA), relevant to their own profession.

All non-health professional staff member will take on the code-of-conduct of their direct supervisor.

All Employees, Contractors, Volunteers will:

• • Act with respect for individual rights to freedom of expression, self-determination, and decision-making in accordance with relevant laws and conventions.

• Respect the privacy of people with disability.

• Remember to be a positive role model to children and young people in all conduct with them.

• Ensure children and young people understand their rights and explain to the children or young person in age-appropriate language what they can expect during the sessions.

• Provide supports and services in a safe and competent manner with care and skill.

• Act with integrity, honesty and transparency.

• Promptly take steps to raise and act on concerns about matters that might have an impact on the quality and safety of supports provided to people with disability.

• Take all reasonable steps to prevent and respond to all forms of violence, exploitation, harm and risk of harm of people with disability.

• Take all reasonable steps to prevent and respond to sexual misconduct.

• Raise any concerns, problems or issues with management as soon as possible.

• Record and act fairly, quickly and transparently on complaints of abuse or other serious complaints made by a child, young person or their parent/carers.

• Notify the Child Abuse Report Line on 13 14 78 as soon as practicable if you have a reasonable suspicion that a child or young person has been or is being harmed or at risk of being harmed.

All Employees, Contractors, Volunteers will not:

• Take part in any unnecessary physical contact with a child or young person.

• Discriminate against any child or young person because of age, gender, race, religion, vulnerability or sexuality.

• Act in any way that breaches child protection rights, laws and ethics.

8.  Inclusivity

My Mind Matters Therapy welcomes and supports people of all backgrounds, race, ethnicity, culture, national origin, sexual orientation, gender identity.

9.  Confidential

My Mind Matters upholds the privacy, confidentiality and dignity, rights, health and wellbeing of our practice clients.

10.  Employees, Contractors and Volunteers

We ensure that employees, volunteers and contractors who work with children have ongoing support and training. The are responsible for:

• Compliance with this Child Safe Environment policy.

• Make a notification if they suspect on reasonable grounds that a child is or may be at risk;

• They listen to children and attend to their needs;

• Complete Child Safe Environments training (that incorporates mandatory reporting requirements).

• Completing RRHAN-EC (report abuse and neglect) training. A mandated notifier is required by law to notify the Department for Child Protection if they suspect on reasonable grounds that a child or young person is, or may be at risk or harm.

11.  Reporting and Responding to Suspected Child Abuse and Neglect

Information about making appropriate reports of abuse or neglect is available from the South Australian Department of Child Protection website:

https://www.childprotection.sa.gov.au/report-suspected-harm

My Mind Matters Therapy will not tolerate incidents of child abuse.

All employees understand their obligation to notify the Child Abuse Report Line on 13 14 78 as soon as practicable if they have a reasonable suspicion that a child has been, or is being, abused or neglected by a member of their family. Alternatively, utilise the online reporting system available on the South Australian Department of Child Protection website:

https://www.childprotection.sa.gov.au/report-suspected-harm/process-for-mandated-reporters

We ensure that employees are aware of how to make appropriate reports of abuse or neglect. We provide opportunities for employees to attend an information session on mandatory reporting. We also ensure that employees have access to relevant information resources available from the Department of Child Protection, including:

• Guidelines for Mandated Notifiers (available to view or download from https://www.childprotection.sa.gov.au/reporting-child-abuse/mandated-notifiers-and-their-role)

• Department for Families and Communities’ reporting child abuse website: https://www.childprotection.sa.gov.au/reporting-child-abuse/report-child-abuse-or-neglect)

We ensure that support is also available for the employee making the report, particularly where an ongoing service is provided to the child, young person and their family. This support may be accessed through either the Directors or the Practice Manager. Employees are also required to partake in ‘Child safety and environments training’ to gain an understanding of their role as a mandatory reporter and when it is indicated as base level knowledge to ensure the safety of children engaging in our services it held at a high standard.

Employees are also encouraged to report to the Directors or Practice Manager, any reasonable suspicion that a child has been, or is being, abused or neglected by another employee. My Mind Matters Therapy may resolve to take protective action to keep the child and others safe. (Note: It is paramount that where a complaint is made or suspicion is raised, that all involved ensure that the principles of confidentiality and natural justice applies).

The Directors and Practice Manager are to keep any information received in a separately locked file store with details of when, where and from whom they received this information, what they did with it, that can only be accessed by them, and all principals of safety, confidentiality and natural justice must be attributed to all people involved.

Supporting Children, Young People and Their Families

Child Protection is everyone’s responsibility. Our Practice recognises that even where a report is made, we may still have a role in supporting the child or young person. This support may include:

• Referring the child, young person or their family to other appropriate services;

• Displaying information in our waiting area about other relevant support services;

• Ensuring that the child or young person’s medical needs continue to be met following the making of a report.

12.  Risk Management

My Mind Matters Therapy takes steps to maintain a safe environment for children and young people. We undertake regular reviews to address any new or emerging risks in order to maintain a safe environment for children.

Strategies implemented to minimise and control risks to children and young people include:

• All employees, contractors and volunteers are required to abide by our Child Safe Policy.

• My Mind Matters requires that all employees, contractors and volunteers provide evidence of current DHS Working with Children Screening at commencement of engagement and renew every three years as applicable.

• Employees and contractors are responsive to the needs and vulnerabilities of children and young people (such as age, language barriers, developmental capabilities, disability, mental health, trauma or abuse).

• My Mind Matters Therapy will take reasonable steps to ensure that all parents/carers are made aware that all children entering our practice must always be supervised by a parent/carer when in the waiting area. Where a child or young person is unaccompanied by a parent or caregiver, the practitioner will consider whether a chaperone is required. Young children are required to have a parent/carer be present throughout the session. If a child comes to a session with an unknown adult to the provider, the provider has the right to ensure the child’s safety by asking appropriate questions of the family and the adult to ensure the child is meant to be in the care of the individual bringing them to the session. If this is not the case My Mind Matters Therapy reserve the right to report the situation to the appropriate governing body (i.e. SAPOL and DCP).

• Employees and contractors will take reasonable steps to provide clear age-appropriate or developmentally appropriate explanations to children and young people about the consultation and allow for questions prior to the session.

• My Mind Matters Therapy will take reasonable steps to ensure that we respond to any concerns that children, or their families or carers raise quickly and fairly.

• Employees and contractors understand their obligation to notify the Child Abuse Report Line on 13 14 78 as soon as practicable if they have a reasonable suspicion that a child or young person has been or is being abused or neglected.

• We ensure a physically and socially safe environment for children and young people that is free of any identifiable hazards.

• My Mind Matters Therapy code of conduct.

• Evaluation of these strategies and the development of additional strategies to minimise and control risks to children and young people occurs as part of our ongoing risk management process.

13.  Harassment/ Bullying

My Mind Matters Therapy opposes all forms of bullying, harassment and discrimination. We take this issue seriously and encourage anyone who believes that they, or another person, has been harassed, discriminated against or bullied to raise this issue with the Practice Manager.

14.  Communication

My Mind Matters Therapy will ensure that everyone to whom this policy applies is aware of and has had an opportunity to read the policy.

All employees, contractors and volunteers are required to abide by our Child-Safe Policy. As per the Children and Young People (Safety) Act 2017, at the request of a parent/carer My Mind Matters Therapy will produce a copy of the Child Safe policy and procedures.

15.  Related Policies and Procedures

The policies and procedures that support our Child-Safe Policy include, but are not limited to:

Any relevant policies or procedures that our organisation has developed to protect children, including:

• My Mind Matters Therapy Employee Handbook which includes Code of Conduct.

• My Mind Matters Therapy Privacy Policy.

• Risk Management.

• Work Health & Safety Policy.

• My Mind Matters Therapy Employment Contract, which outlines requirement to have a satisfactory DHS Working with Children Screening and Police Clearance as a condition of entering employment and being engaged in continuing employment.

Assessments Required for Prescribed Positions

All employees and contractors of this practice who occupy a prescribed position (as set out under section 8B (8) of the Children’s Protection Act 1993) are required to provide a Police Clearance and updated once every three years.

Police Clearances are also required prior to the appointment of new employee members to prescribed positions. The cost of obtaining a letter of clearance will be at the expense of the employee.

This includes all employees who regularly work with or around children in an unsupervised capacity or have access to children’s health records.

Procedure for Conducting Criminal History Assessments

Note: The Children’s Protection Act 1993 enables organisations to decide the manner in which they will conduct criminal history assessments.

Where a person has no disclosable criminal history, the assessment is successfully completed and no further action in respect to an assessment is required. Where an individual does have a criminal history, this practice assesses this information in accordance with Standard 5 of the Standards for dealing with information obtained about the criminal history of employees and volunteers who work with children.

Each assessment is conducted on its individual merits and with consideration to the inherent requirements of the position. Principles of procedural fairness and natural justice are applied throughout the decision-making process and the individual is provided an opportunity to confirm or dispute the information contained within the report and to provide contextual information for consideration during the assessment process.

Criminal history information will not be retained once a decision has been made regarding the person’s suitability to work with children. No criminal history information will be retained beyond three months.

In accordance with its legal requirements, our practice will retain the following information regarding its decision:

• That a criminal history report was obtained;

• How the criminal history information affected decision making processes.

• Statutory declarations (where applicable).

Our Practice may obtain a further criminal history assessment for an employee at any time that the Practice believes it necessary or desirable for the purpose of maintaining a child safe environment.

Child Protection Guidelines

• Ensuring the safety and welfare of the child or young person is paramount at all times.

• Treating all children and young people with dignity, equality and respect.

• Adhering to our Practice’s Child Safe Policy at all times.

• Listening and responding appropriately to the views and concerns of children and young people within the Practice.

• Taking all reasonable steps to ensure the safety and protection of children and young people within the Practice.

• Where appropriate, ensuring that a chaperone or other suitable adult is present when consulting with a child or young person.

• Ensuring children and young people understand their rights and explaining to the child in age-appropriate language what they can expect during the consultation.

• Responding quickly, fairly and transparently to any serious complaints made by a child, young person or their parent/guardian.

• Notifying the Child Abuse Report Line on 13 14 78 as soon as practicable if they have a reasonable suspicion that a child or young person has been or is being abused or neglected.

• Take part in any unnecessary physical contact with a child or young person.

• Discriminate against any child or young person because of age, gender, cultural background, religion, vulnerability or sexuality.

• Develop any ‘special’ relationships with children or young people outside of the professional relationship.