New allegations | Child Protection Manual

CIMS, reportable conduct scheme, protection

1014

Follow this procedure when responding to a report regarding a child who is already subject to child protection involvement.
Document ID number 1014, version 5, 9 December 2024.

Introduction

Reports of new allegations on open cases are treated similarly to new protective intervention reports.

A new allegation on an open case constitutes a report under the Children Youth and Families Act 2005 (CYFA).

Within CRIS there is a separate module to record the report.

As with all protective intervention reports, practitioners are required to undertake a risk assessment and determine whether the child has, or is likely, to suffer significant harm and the source of that harm.

Reporters have the same protections as reporters of new intakes.

The name of the person who made the report or any information likely to identify them must not be disclosed to anyone other than the Secretary or a community based child and family service without the person’s written consent.

Allegations of harm to children in care

Child Protection is responsible for the oversight and monitoring of children residing in out of home care. This includes the investigation of allegations of abuse, neglect, or unexplained injuries about a child in care .

These allegations and investigations are subject to the Client Incident Management System (CIMS) incident reporting processes. See Client Incident Management System (CIMS) policy, Client Incident Management System (CIMS) - Advice and Allegations of harm to clients in care - Client Incident Management System (CIMS) procedure

They may also be subject to:

Social Services Regulator (SSR) notifications - https://www.vic.gov.au/ssr-reporting-notifiable-incident or,
the Reportable Conduct Scheme (RCS)

Procedure

All allegations of sexual or physical abuse or serious neglect must be reported to the police prior to commencing any investigation.

Case practitioner tasks for new allegation (familial)

Register a new allegation of harm by a member of the child’s family on an open case as a ‘new allegation (familial)’ in CRIS, unless the case is in intake phase.
Report all allegations of sexual or physical abuse or serious neglect to the police.
Consult with the Integrity Unit when an allegation is made against a kinship carer to confirm if it is in scope of the RCS
Consult with the Aboriginal Child Specialist Advice and Support Service (ACSASS) for an Aboriginal or a Torres Strait Islander child.

At intake phase,

record the new allegation as a case note.
update the essential information categories and include the information in your intake risk assessment.

At investigation phase

Investigate and assess the new allegation concurrently with the initial report.
Assess and confirm the status of each evidence-based factor within the essential information categories identified in the new allegation report
Complete and record the substantiation decision.
Complete the risk assessment including both the initial reported concerns and the new allegation.
Ensure the essential information categories are updated and review the risk assessment.
Record an outcome for both the initial report and the new allegation on CRIS.

At protective intervention or protection order phase

Consult your supervisor and determine next actions.
If it is assessed that an investigation of the allegation is required, commence the investigation, update the essential information categories and complete the review risk assessment within the key performance indicator (KPI) timeframes and complete it within 28 days of the new allegation start date.

For cases substantiated prior to 20 November 2021, a risk assessment will need to be completed for the new allegation. A review risk assessment can only be completed on a case where there is an endorsed risk assessment.

Record the outcome for the new allegation in CRIS as:

'Allegation confirmed – significant harm to child', or
'Allegation not confirmed' – this decision closes the new allegation.

If harm is confirmed:

decide if that harm is substantiated
if harm is substantiated, complete the ‘Person assessed as responsible for harm’ in CRIS
if, in relation to a confirmed harm, an additional person is assessed as being responsible for harm, add them as a ‘Person assessed as responsible for harm’ in CRIS
review the case plan and actions table to determine if a new case plan is required to reflect any new protective concerns, and any additional significant decisions concerning the child resulting from the additional concerns
discuss the revised case plan, and provide a copy, to the child and parents within 14 days of endorsement
update the actions table as required to reflect the way the new case plan will be enacted.

At closure phase

Consult your supervisor and determine if a child assessment is required. This should occur at the earliest possible time and within the key performance indicator (KPI) timeframes.

A new allegation outcome decision of 'Child assessment required' automatically moves the case to the investigation and assessment phase.

This is a new episode of investigation and assessment.

A review risk assessment is completed, the substantiation decision is made and recorded and the case moved to a further episode of protective intervention.

Case practitioner tasks for new allegation (non-familial)

Register an allegation of harm by a carer or a community member against a current client as a ‘New allegation (non-familial)’ in CRIS.
Report all allegations of sexual or physical abuse or serious neglect to the police.
In consultation with the supervisor determine if the new allegation is in scope of a CIMS incident report or the RCS before commencing an investigation - see Allegations of harm to clients in care - Client Incident Management System (CIMS) procedure and Reportable Conduct Scheme
Consult the Integrity Unit when an allegation is made against a kinship carer to confirm if it is in scope of the RCS
In consultation with the supervisor determine how the new allegation should be investigated (CIMS, RCS, or child protection investigation)
Consult ACSASS for an Aboriginal or Torres Strait Islander child.
Complete an SSR notification for a critical notifiable incident, if required
Complete CIMS and RCS reporting and investigation requirements, as required
Follow procedure Sexual exploitation if you receive information that a child or young person has been sexually exploited.
Consult your supervisor to determine the response to an allegation of harm by a community member against a current client.
Concerns must be investigated in a timely manner.

The process of responding to a new allegation of non-familial abuse is managed within the phase that the report is received. If the report is received in case closure, you do not need to move the case from this phase.

Record the outcome for the new allegation in CRIS as either:
- 'Allegation confirmed – significant harm to child', or
- 'Allegation not confirmed' – this decision closes the new allegation.

The allegation is confirmed if a CIMS, RCS or Child Protection investigation substantiates the abuse or neglect.

Complete CRIS requirements and record of activity, decisions and rationales.

Supervisor tasks

Determine if the new allegation is in scope of a CIMS incident report or the RCS before commencing an investigation.
Determine how the allegation of harm should be investigated (CIMS, RCS, or child protection investigation)
Complete a CIMS Incident Report when required.
Complete RCS requirements when applicable.
Provide ongoing supervision and support.

Team Manager tasks

Ensure the Integrity team is notified and consulted of any incident that may be in scope of the RCS .

Endorse key decisions including:

investigation plan
risk assessment or review risk assessment
investigation outcome
phase outcome
children’s court applications
move from closure to investigation phase.

Ensure SSR critical incident notifications are completed when required.

Executive / Area Director tasks

Maintain oversight of critical incident notifications being submitted to the Social Services Regulator
Endorse CIMS investigation or review reports, including high-level recommendations to promote the safety and wellbeing of the client and improve the quality of service delivery

Related procedures and resources