Decision making and participation in planning during an investigation and assessment

While there is limited capacity for the family to be involved in the decision about whether a notification is recorded, once that decision has been made, there are many opportunities for the child and family to be fully and meaningful involved throughout.

When planning an investigation and assessment for an Aboriginal and Torres Strait Islander child, seek cultural advice from Aboriginal and Torres Strait Islander staff such as cultural practice advisors and practice leaders or from a local Aboriginal or Torres Strait Islander community representative (sharing non-identifying information).

From the point of allocation, start to plan and think about how to engage the child and family and increase their participation. This is the time to think about an independent person, and using a family led decision making process facilitated by the Family Participation Program. Get advice and support from the cultural practice advisor and Aboriginal and Torres Strait Islander staff who can help you to prepare the most suitable approach and conversation with the family.

Conversations with families about having an independent person

During the first conversations with the child and their family, provide information to the child and their family on their right to have an independent person. This includes:

• how an independent person could help facilitate participation in decision making
• that arrangements for an independent person will be made only if the child or child's family consent to the involvement of the independent person
• how an independdent person's suitability is considered 
• how an independent person can facilitate the family’s participation in the development of an immediate safety plan, if required. (Refer to the practice guide Safety assessment and planning.)

The simplest way to do this is to:

• provide the family with a copy of the Handout: Children and Families: Support for Children and Families to have their say in decisions or use the video
• engage the family in a conversation about the brochure and to talk about their understanding of having an independent person
• talk with the family about the requirement of Child Safety to ensure the suitability of the nominated independent person
• ask them if they have any questions
• learn more about:
  • language and communication
  • yarning with dignity and respect (refer to Working with Aboriginal and Torres Strait Islander families).  

Provide support to the child and their family to nominate an independent person, which might include helping them to approach a person and making practical arrangements for the person to be present.

The following is some suggested scripting that may be used to have discussions with Aboriginal and Torres Strait Islander families about the independent person and who in their family and network could be their independent person:

• 'I need to let you know that you have the right to have an Independent person. An independent person can help you to participate in meetings with Child Safety when decisions are being made. An independent person must be an Aboriginal and Torres Strait Islander person. Would you like more information about the role of an independent person?' (This would be a good opportunity to provide a copy of the brochure or show the video on the independent person).
• ‘Child Safety would like to hear from you what is best for you and your family’. 
• ‘In your family, your child may have one independent person, mum may have an independent person for them and dad could chose to have his own independent person. You might decide to have just one person to represent all of you. How many and who they are is up to you’.
• ‘It is important that the independent person can help you express to Child Safety your family’s needs and circumstances. They also have a role to make sure specific cultural protocols are followed’.
• ‘An independent person can be someone who knows about your family’s current situation or understands your past and who you feel will make sure that your thoughts and feelings will be heard by Child Safety’.
• ‘It would be good for you to think about who might be the best people for you to have as an independent person. Can you think of a time when you have been struggling or facing challenges in your life and someone was able to support you?’ 
  • ‘Who have been the people who have helped you through this?’ 
  • ‘Who was able to give you some good advice?’
  • ‘Who helped you get back on track?’
• ‘Who would you like to be sitting next to when you are talking with Child Safety so you can feel you have confidence to say what you want Child Safety to hear?’
• ‘Who are the people in your life that you feel most connected to, that you can involve in the process to make sure you are heard when you are talking with Child Safety?’

Examples of conversations to have with families regarding the nomination of the independent person

When the independent person does not live locally or cannot physically attend

Child Safety staff can offer a variety of ways for the independent person to still participate even if they cannot physically attend. Child Safety may also consider paying reasonable out of pocket travel and related costs. Alternatively, it may considered for the independent person to participate through skype, video conferencing or by telephone call. Even if the independent person does not have access to these mechanisms, they may be able to support the person with the help of a community organisation or their local Child Safety Service Centre who may be able to provide private rooms and compatible technology to assist them.

When the child or family have nominated a person to be an independent person but they are neither an Aboriginal nor Torres Strait Islander person

Sometimes a person may want to nominate someone who is not Aboriginal or Torres Strait Islander person to be their independent person. Because an independent person must be an Aboriginal or Torres Strait Islander person, you will need to explore whether they have another person they can nominate or whether they would like the person they nominate to be a support person, potentially as well as having another independent person. 

When the child or family do not have anyone in their family or network who can be the independent person for them

There will be times when the family would like to have an independent person but may not have anyone in their family or network that could undertake the role of independent person at this time. The Family Participation Program or Family Wellbeing Service may be offered to the family as services that have staff who the child or family can nominate as the independent person.

When the child or family want to nominate a staff member from a community organisation they are engaging with to be their independent person.

When the child and family tell Child Safety they do not want to nominate an independent person.

There may be many reasons a child or family do not want to nominate an independent person. This could be as a result of disconnection from family, culture or community or it could be that they are experiencing a sense of ‘shame’ and do not want people they know to be aware of their involvement with Child Safety. Whatever their reason, Child Safety staff need to find a balance between providing the child and family with enough information to inform their decision not to nominate an independent person and honour their right to self-determination. 

When the family refused last time to nominate an independent person but are now at another significant decision making point

Remember that the family can have an independent person for all significant decisions.  This means they have the right to choose whether they do or do not want an independent person when a decision needs to be made about a child. Also, they may want to choose the same person or a different person. 

When Child Safety decide the nominated independent person is not suitable

Once the independent person has been nominated, Child Safety need to make sure they are an Aboriginal and Torres Strait Islander person, knows about the child and family’s culture, is able to help the child and family have their say when making decisions with Child Safety and is a safe person to be the child and family’s independent person. Child Safety also need to ensure the child, family and other people are safe at all times and to be aware of, understand and manage any potential conflict of interests.

Tell the child and family if the person they nominated to be an independent person is not suitable to undertake the role. You cannot tell the child or family why.

When the person nominating an independent person changes their mind

Make sure to explore the person’s reasons in changing their mind so that you can understand as much as possible, still but respect if they don’t want to tell you why.

Talk with the person about the best way to go forward. Ask the person if they would like you to talk about this with the independent person first, or whether they need help from you to work out what they will say? 

If the person wants you to tell them, document both conversations clearly – the one you have with the parent or child and the one you have with the independent person.

Depending on the circumstances, it may be necessary to remind the independent person that even though they aren’t continuing, they are still required to keep things confidential. As stated in the Child Protection Act 1999, an independent person is not allowed to tell anyone else what was talked about at a meeting or show anyone the child and family’s personal information. Telling or showing their information to another person is an offence and penalties apply. 

Child Safety’s role in supporting the independent person

Where possible, Child Safety staff should modify when, how and where they engage with the child, their family and their independent person to ensure the interaction is culturally safe, informed and optimises the child and family’s participation.

Staff must engage with the person or organisation who has been asked to be an independent person for a child and help them understand the role and obligations under the Act.

Staff must engage with the independent person for a child, and support them understand the role, obligations under the Act and other suitability considerations. 

Confidentiality and sharing information

Explain to the independent person the obligations and purpose of the role, including the need for the independent person to abide with confidentiality requirements. This assists the independent person to make an informed decision about taking on the role.

The Child Protection Act 1999 makes provision for Child Safety and an independent person to share information with each other to help the independent person facilitate the child and their family’s participation in decision making, planning or provision of services.

Therefore, the independent person may be provided information in their role that is relevant, this may include information relevant to court proceedings, however it will be up to the family what conversations the independent person participates in and what documents they receive. As identified previously, the independent person will be bound by the confidentiality provisions of the Act.

When sharing information with the independent person, make sure you do this in consultation with the person who they are supporting. 

Aboriginal and Torres Strait Islander family led decision making and the Family participation program during the investigation and assessment 

The Family Participation program (FPP) can support the family through an Aboriginal and Torres Strait Islander family led decision making process during an investigation and assessment. Aboriginal and Torres Strait Islander family led decision making processes can help Aboriginal and Torres Strait Islander children and families have their say, have their voice heard and take the lead in making decisions and developing plans for the child.

When it is likely that a child will be in need of protection, Aboriginal and Torres Strait Islander family led decision making can help the family generate plans and strategies for keeping the child safe and well without the need for Child Safety intervention.

When working with a family through a family led decision making process, recognise and accept that while Child Safety still has statutory responsibilities and powers, we must allow the Aboriginal and Torres Strait Islander family led decision making to occur in a way that the family have the lead in developing the plans and actions. 

Child Safety may have non-negotiables or ‘bottom lines’ that relate to the safety of the child and to meet legislative responsibilities and obligations, however, it is up to the family to decide the steps that are taken. 

Focus on the relationship and communication with the family, independent person and the facilitator. Be willing to work transparently and openly. Be clear about the concerns and worries and be eager and open to hear from and work with the family to find out what will work best for them to address these.

While the purpose of Aboriginal and Torres Strait Islander family led decision making (and all family led decision making) is for the family group to lead the planning, this does not mean Child Safety are passive in this process. Child Safety are active participants. 

If there is something that is important to the safety, wellbeing and belonging of the child that has not been discussed, addressed or remains unclear, raise questions to clarify the information.

If a plan needs to be developed for the child to receive medical treatment, you could say to the family and meeting participants:

• ‘We haven’t talked about how mum and dad are going to get [child] to the doctor.  It has been difficult in the past and [child] has not always been able to receive the treatment they’ve needed when they’ve been sick. Would we be able to talk a bit more about the best plan that will work for mum, dad and [child]?’
• ‘We have talked about a lot of ideas and options about how the safety and support network could help in relation to [goal]. I am a bit unclear about which of these ideas and options the child and family and everyone thinks is the best and should be included in the case plan. Can we discuss this further and also work about who is doing what and when – so we can all be clear about this and it can be captured in the case plan. What would be the best way to record this so it is really clear?’