Equipping child protection practitioners to intervene to protect children from cumulative harm: legislation and policy in Victoria, Australia

Abstract

Many children are repeatedly reported to statutory child protection services, but do not receive the protection they need. Many such children are suffering chronic maltreatment, which is likely to result in cumulative harm. Chronic maltreatment encompasses emotional abuse and chronic neglect. As a result, children can experience a range of cognitive, emotional, and behavioural problems that are more serious than those associated with other abuse types. This paper focuses on the Victorian statutory child protection system, and considers why cumulative harm is not receiving the attention the legislation intends. Under the Victorian legislation cumulative harm must be proven on grounds of emotional abuse and/or neglect. However, it is difficult for child protection practitioners to place before the court the necessary evidence to establish these grounds. The paper concludes that the legal definitions of emotional abuse and neglect should not require evidence of a link between the abusive actions of the parent and the poor outcomes for the child. The evidentiary focus should be on the actions of the parent. Furthermore, legislation should focus on abusive parental behaviours that are likely to result in cumulative harm, which are more concrete and measureable than emotional abuse and neglect, such as intimate partner violence and parental illicit drug use.

Addressing cumulative harm: responding to chronic child maltreatment in the context of an intensive family support service

“…In Australia and internationally, across both secondary and tertiary statutory intervention, attention is paid to the episodic model of child abuse whereby a singular event is the focus and the outcome of assessing the singular event determines if a child is safe and if protection is required (Broadley, 2014;Bryce, 2018). Within this framework, there is minimal room to consider the cumulative effects of ongoing chronic maltreatment on a child, despite the research supporting that cumulative harm very often co-occurs with other child protection concerns (Sheehan, 2019a(Sheehan, , 2019b.…”

“…Prolonged and persistent experiences of child abuse and neglect, occurring over various developmental periods, can cause cumulative harm and have a profound and exponential impact on a child’s life (Bromfield et al , 2007; Frederico et al , 2008; Miller, 2007). ACEs that are consistently endured over sustained periods of time result in an accumulation of childhood adversity and are often referred to in the literature as cumulative harm (Bromfield et al , 2007; Broadley, 2014; Bryce, 2018; Sheehan, 2019a, 2019b).…”

“…To assess the availability of cumulative harm measurement tools, the authors have conducted extensive database searches; reviewed current scholarly reviews and comparisons of cumulative harm assessment, practice and legislation (Bromfield et al , 2007; Frederico et al , 2008; Price-Robertson et al , 2013; Broadley, 2014; Bryce, 2018a, 2018b; Sheehan, 2019a, 2019b); examined the small but significant cache of resources that were developed in response to the labelling of cumulative harm between 2007 and 2014 (Victoria Government, Department of Human Services, 2007; Miller, 2007; Bromfield and Miller, 2007; Government of Western Australia, 2008; Benevolent Society, 2014); as well as drawing on their practice knowledge. Prior research has focused predominately on establishing the concept and terminology of cumulative harm (Bromfield et al , 2007), identifying the ambiguities of acknowledging cumulative harm in the legal and statutory system (Broadley, 2014; Bryce, 2018a, 2018b; Sheehan, 2019a, 2019b) or discussing the complexities of holistic risk assessment in child protection practice generally (Goddard et al , 1999; Price-Robertson et al , 2013).…”

“…There is a legislative recognition of the cumulative effects of harm in many Australian jurisdictions, even if not explicitly identified by name. However, the issue lies in integrating the concept of accumulation into existing risk assessment frameworks (Broadley, 2014; Bryce, 2018; Sheehan, 2019a). Child protection practices in the state of Queensland, in particular, appear to have stagnated in their direct acknowledgment of cumulative harm, with possible regression reflected in recent inquests and inquiries (Bryce, 2018).…”

Supporting transition to parenthood in Aotearoa New Zealand

“…Victims are repeatedly let down by the system (The Office of the Children's Commissioner, 2016; Wilson, Smith, Tolmie & de Haan, 2015). Abuse within families causes harm that is cumulative and long-lasting (Broadley, 2014;Munro, 2011). If social work is to enact its commitment to social justice we must devise strategies to promote well-being and prevent harm.…”