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) incident reporting - https://www.vic.gov.au/ssr-reporting-notifiable-incident and
- the Reportable Conduct Scheme (RCS)
See the 1518 Allegations of harm to clients in care - Client Incident Management System (CIMS).
Social Services Regulator (SSR) notifiable incidents
Under the Social Services Regulation Act, registered social service providers (including the department’s Child Protection services) must notify the Social Services Regulator as soon as reasonably practicable of any serious incident that has occurred, or may pose a serious risk to service users during the delivery of a service.
- Critical notifiable incidents are reported directly to the Regulator by close of business the next business day. This requires completion of a critical notifiable incident short form available on the Regulator’s website (see link below). A full incident report must also be submitted within 3 business days using CIMS. Information on what a critical notifiable incident is can be found on the Social Services Regulators website https://www.vic.gov.au/ssr-reporting-notifiable-incident#extra-reporting-step-for-critical-notifiable-incidents.
- Notifiable incidents are reported by submitting a CIMS incident report within 3 business days for incidents in scope of CIMS.
CIMS is the main framework for service providers that are in scope of CIMS and the Social Services Regulator to report serious incidents to the Regulator. The department shares CIMS information with the Regulator under a strict information sharing protocol that provides the Regulator with access to CIMS information in scope of incident reporting requirements under the Social Services Regulation Act.
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.
- Complete and submit a critical notifiable incident short form to the Social Services Regulator, if required, by close of business the next business day. Subsequently submit a more detailed incident report within 3 business days using CIMS.
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 incident meets the definition of a Critical notifiable incident under the Social Services Regulator requirements. Critical notifiable incidents include:
- Unexpected death
- Escape from a secure facility
- Medication error
- Physical abuse
- Sexual abuse
- Fire, flood and other emergency events.
- From time to time, the Regulator may determine changes are required to critical notifiable incident criteria – practitioners should refer to the link below.
- Notify the Regulator, if required, by close of business the next business day using the Regulator’s critical notifiable incident short form.
- Critical notifiable incident criteria and the short form to notify the Regulator can be found here
- 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 for further advice.
- 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, and/or Child Protection investigation - note, a RCS investigation report is accepted in lieu of a CIMS investigation report in CIMS so only one investigation is required).
- Consult ACSASS for an Aboriginal or Torres Strait Islander child.
- 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 a critical notifiable incident report is completed and submitted to the Social Services Regulator when required by COB the next business day.
Area Executive Director tasks
- Maintain oversight of critical notifiable incident reports to the Social Services Regulator (noting that a critical notifiable incident report must be followed by a detailed incident report submitted within 3 business days using CIMS).
- 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
- Client Incident Management System (CIMS) policy
- Client Incident Management System (CIMS) - Advice
- Allegations of harm to clients in care - Client Incident Management System (CIMS) procedure
- CIMS provider page
- Reportable conduct scheme
- RCS Sharepoint page – DFFH RCS policy and procedures
- Managing Misconduct Policy and Guideline
- Sexual exploitation
- Social Services Regulator – Reporting a notifiable incident