Other assessment actions

Carry out a safety assessment 

The safety assessment guides decision making about:

• the threat of immediate harm to the child in the child’s home
• what interventions are needed to keep the child safe 
• a safety decision for each child in the child’s home
• whether an immediate safety plan can be developed to ensure the safety of any child who remains in the home, if immediate harm indicators have been identified.

An initial safety assessment is carried out as soon as possible at the start of both a standard response and a priority response, during the first face-to-face contact with a child and family. Subsequent safety assessments occur throughout intervention with a child and family. 

Use the safety assessment tool to identify immediate harm indicators for the child and decide if the child:

• can stay at home safely
  or
• can stay at home with protective interventions
  or
• must be placed outside the home to keep them safe.

Before leaving the child in the home: 

• gather enough information to complete the safety assessment 
• ensure the child’s immediate safety.

Complete the safety assessment for the household where the harm or risk of harm is alleged to have occurred. If the parents do not live together and harm or risk is alleged in both households, complete two safety assessments.

Complete the initial safety assessment

To complete the safety assessment:

• Gather and analyse information from observations and interviews with
  • the child and their family 
  • other relevant people. 
• Provide parents with information about the concerns, so they can participate fully in the process.
• Provide the child with information about the concerns, having regard to the child’s age and ability to understand, so they have an opportunity to participate in the process if they want to.
• Ask the family about their family connections and supports.
• Apply the information to the safety assessment to determine if an immediate harm indicator is present. (Refer to the SDM policy and procedures manual.)

If an immediate harm indicator is identified, refer to Take action when an immediate harm indicator is identified. 

If no immediate harm indicators are identified: 

• Record the safety assessment in Unify. 
• Submit the safety assessment to the senior team leader for approval within 72 hours of completing the safety assessment.
• Continue with the assessment.

Take action when an immediate harm indicator is identified

If one or more immediate harm indicators are identified, implement the most appropriate immediate safety intervention to ensure the child’s immediate safety.  

An immediate safety intervention will be either:

• non-custody interventions developed and agreed to in an immediate safety plan to keep the child safe in the household
  or
• a placement intervention (a care arrangement with an approved carer) if an immediate safety plan cannot be developed to keep the child safe.

If safe and practicable, discuss any immediate harm indicators with the family and decide in collaboration with the family and the safety and support network, what actions and interventions are needed to keep the child safe. Assess whether the agreed safety interventions are adequate to mitigate the safety concerns present in the household.

Develop an immediate safety plan 

The immediate safety plan is a written agreement collaboratively developed with the family, child and the family’s network if an immediate harm indicator has been identified and at least one child will stay in the home. 

The immediate safety plan must address the immediate harm in the present to short term future. 

If there is a Significant DFV threat alert recorded in a person profile in Unify, consider all the previous information relating to the domestic and family violence.

Before developing a safety plan for an Aboriginal or Torres Strait Islander child:

• Tell the parents of their right to have an independent person help facilitate their participation in making decisions relating to developing the safety plan. 
• Work with the child and family to identify and arrange for the independent person, if the child or family consent to the involvement of an independent person.
• Contact the senior team leader, who will decide suitability of the independent person, unless it is:
  • not practical or possible because the independent person is not available or because the safety plan must be developed urgently
  • likely to have a significant adverse effect on the safety or emotional wellbeing of the child or another person
  • not in the child’s best interest.
• Make arrangements to ensure the child’s family group is able to meaningfully participate in developing the immediate safety plan.

If a Family Participation Program representative is also present and the family agrees, they may either:

• facilitate the family’s participation in the development of the immediate safety plan
  or
• be the independent person for the family (if the suitability of the Family Participation Program’s representative has been determined).

An individual staff member from the Family Participation Program cannot carry out both roles.

To develop an immediate safety plan:

• Describe what Child Safety is worried about, addressing each identified immediate harm indicator, its impacts, and the individual safety needs of each child—especially those with increased vulnerability due to age or disability.
• Encourage the family to identify people or services they know and trust, who may agree to be safety and support network members in an immediate safety plan.
• Contact other parties, identified by the family as safety and support network members, to confirm their willingness, ability and suitability to participate in the immediate safety plan, and tell them about the identified harm indicators.
• Outline what the parents, safety and support network members and other people must do immediately to ensure the child’s safety in the home—and assess their ability to complete all required actions.
• Seek agreement from all parties to the necessary intervention.
• Record how the plan will be monitored, by whom and how often.
• Record the family’s and network members’ agreement to the plan and make sure the plan is signed by all the people involved in its implementation.
• Record the immediate safety plan for each child who will stay in the home in culturally appropriate and family-centred language.
• Schedule a date for the review of the immediate safety plan (no more than 7 days from when the plan was developed).
• Give a copy of the completed and signed immediate safety plan to the parents, the child if appropriate, and any other person involved in its implementation.
• Tell the family that the plan will remain in place until
  • the immediate danger is resolved
  • a new safety assessment is completed and, if needed, a new immediate safety plan is developed
    or
  • a case plan is developed that ensures the child’s safety and addresses issues in the safety plan.
• Record the immediate safety plan or attach a hard copy of the plan in the safety assessment tab in Unify.
• Submit the safety assessment, and the immediate safety plan to the senior team leader for approval within 72 hours of completing the safety assessment.

Consider a private arrangement

A private arrangement:

• is a non-custody arrangement 
• is organised by the child’s parents, not Child Safety
• is in place for a short time—up to 2 or 3 days
• gives parents time to take immediate actions needed to address safety concerns for the child.

Consider a private arrangement if:

• one or more immediate harm indicator has been identified
• the child needs to live outside the home due to the risks identified
• the parents agree for the child to stay with a family member or friend.

Before agreeing to the private arrangement as part of the immediate safety plan, make direct contact with the person nominated by the parents to care for the child, to:

• decide if they are suitable, including whether they are
• able to care for the child for the agreed time 
• willing and have the capacity to co-operate and keep the child safe from the identified harm
• willing to immediately advise the CSSC or CSAHSC if the child returns home 
• provide them with the CSSC and the CSAHSC contact details
• advise them that a check of their child protection history will need to be carried out and considered before they can care for the child.

Finalise the safety assessment and immediate safety plan if:

• the person agrees to care for the child
  and
• the child protection history check raises no concern about them caring for the child.

If the person nominated by the parents to care for the child has a child protection history:

• Consult the senior team leader to decide if the private arrangement is suitable.
• Discuss (with the nominated person) their child protection history to clarify any issues, if necessary. Do not disclose the person’s child protection history to the child’s parents or any other third party.
• Record the decision and the arrangement made between the relevant parties.
• Review the immediate safety plan to make sure it meets the child’s safety needs or to consider whether a care arrangement (placement intervention) is required.

Use a placement intervention

Always use a care arrangement (placement intervention) if:

• An immediate safety plan cannot be developed with the family and at least one network member to ensure the child’s safety in the home.
• It is in the best interests of the child to be provided with a formal, legal care arrangement.
• It is assessed that
  • the parent, or the person proposed to care for the child may not adhere to a private arrangement 
  • the child is likely to return to the parent’s care where the high-risk factors exist
  • and
  • the parent is more likely to adhere to a formal arrangement.
• A private arrangement is not suitable or a parent cannot identify a person to care for the child in a private arrangement.

Before placing a child, obtain the necessary authority for the care arrangement. This could be:

• an assessment care agreement—if the parents agree to the child being placed in care 
• an assessment order (TAO or CAO granting custody to the chief executive)—if further assessment is needed, and a parent does not agree to an assessment care agreement 
• a TCO—if the child is already in need of protection, and a parent does not agree to the care arrangement.

For an Aboriginal or Torres Strait Islander child:

• Tell the parents about their right to have an independent person to help facilitate their participation in the decision about where and with whom the child will live. 
• Arrange for the independent person, including deciding their suitability, unless it is
  • not practical because the person is not available or the decision is urgent 
  • likely to have a significant adverse effect on the safety or emotional wellbeing of the child or another person
  • not in the child’s best interest.
• Consider the views of the child and family in the decision about where and with whom the child will live.

Refer to Procedure 5 Arrange for an independent person to facilitate the child’s and family’s participation for information about determining suitability to be an independent person.

End a care arrangement (placement intervention) as part of an immediate safety intervention if a subsequent safety assessment establishes that either:

• no immediate harm indicators are present and the child can return home safely 
• the child is 'safe with an immediate safety plan’ and can return home with the immediate safety plan in place.

Immediate safety concerns for a newborn child

In exceptional circumstances, when a child is at immediate risk of harm at the time of birth and an alternative safety intervention cannot be implemented to ensure the immediate safety of the child, consult with the senior team leader and the OCFOS lawyer to decide the immediate action required to secure custody of the child.

To secure custody of the child, take one of following actions:

• negotiate with the parents for the child to be placed under a care agreement. (Refer to Consider an assessment care agreement and Procedure 4 Use a child protection care agreement)
• use powers under the Child Protection Act 1999, section 18
• apply for a TAO or CAO, where further assessment is required
• apply for a TCO, if no further assessment is required.

Consult with hospital staff as soon as possible if a newborn child’s immediate safety needs mean they cannot safely be left unsupervised with the birthing parent after the child’s birth.  

Only ask hospital staff to assist in removing the newborn child from the parents care if removal has been authorised by: 

• the parents consenting to a care agreement
• the use of the Child Protection Act 1999, section 18
  or
• a TAO, CAO, TCO or child protection order.

Once authority has been obtained to remove the child from the parents care, consult hospital staff about whether the newborn child will remain in the hospital nursery until ready for discharge. Locate an appropriate care arrangement for the child as soon as practicable, to minimise delays in the newborn child being discharged. 

For an Aboriginal or Torres Strait Islander child, speak with the family to explore care arrangement options that comply with additional provisions for placing Aboriginal and Torres Strait Islander children in care under the Child Protection Act 1999, section 83. 

Complete a subsequent safety assessment

Complete a subsequent safety assessment:

• if new information or a change in circumstances indicates a threat to the child’s safety but the information does not reach the threshold for a notification—for example, a change in household membership, including a parent leaving, an adult or child moving in, or a newborn or a child discharged from hospital
• if any party to the immediate safety plan is not complying with the current safety plan
• before returning a child home
  • after an unsafe safety decision 
  • if the child is subject to a care agreement 
  • if a parent removes a child from an approved care arrangement
• if a child returns home from an approved care arrangement, without Child Safety approval.

Consider a medical examination

A medical examination is a physical, psychiatric, psychological or dental examination, assessment or procedure. It includes forensic examination and an examination or assessment carried out by a health practitioner, as defined in the Child Protection Act 1999, schedule 3.

During the assessment, a medical examination, or a specialist assessment by a health professional may be considered necessary to:

• ensure the child’s immediate health and safety
  or
• inform the assessment outcome.

Wherever possible, before the medical examination or assessment, speak to the child about the incident or injury of concern, to allow opportunity for:  

• the child to speak in a more relaxed environment before experiencing what may be an intrusive examination
• any disclosure made by the child to be shared with the medical practitioner and potentially corroborated by evidence obtained in the medical examination or assessment
• information to be provided to help prepare the child for the examination or assessment and to find out whether the child requires any support to assist them in the process.

Consider arranging a medical examination of the child in the following circumstances:

• the child is reluctant to show an injury
• the injury is in the genital area
• the child’s condition or injury does not appear consistent with the explanation given by the parent 
• the child’s age or physical and intellectual development does not appear consistent with the parent’s explanation of the injury or condition 
• a medical practitioner’s expertise is required to provide additional information, such as:
  • an assessment of the impact of long-term neglect on the child
  • a developmental assessment of the child
  • a diagnosis of a suspected disability.

Arrange an urgent medical examination

Arrange an immediate medical examination of any child who:

• appears ill, is in a poor physical condition or is dehydrated
• has an altered state of consciousness
• has obvious serious physical injuries
• is manifesting significant abnormalities of behaviour or ideation
• has allegedly been sexually abused
• is an infant who
  • displays a lack of response to stimuli, alterations in breathing or temperature, poor feeding, irritability or lethargy
  • is alleged to have suffered significant trauma or shaking—especially a child under 2 years of age
  • has bruises.

In most circumstances, it is preferable that a paediatrician with child protection experience carries out the medical examination.

Always seek parental consent to have the child medically examined. If the parents will not consent, the Child Protection Act 1999, section 97 allows a medical practitioner to carry out an examination or treatment without consent of the parents if:

• a child at immediate risk has been taken into custody (Child Protection Act 1999, section 18)
• a TAO, CAO or TCO authorises the examination or treatment.

In this situation, the medical practitioner must:

• not override the rights of the child in relation to the examination or treatment
• only carry out treatment that is reasonable in the circumstances
• provide a report about the examination or treatment to Child Safety, or to the QPS.

Inform the child

Consider the best way to inform the child and seek their views about the need for a medical examination. This may involve helping a parent to explain the need for the medical examination to the child.

A child should not be forced to have a medical examination. The decision to proceed will be made by the examining doctor, depending on the:

• child’s age and Gillick competency 
• need for immediate treatment.

Determine the appropriate time for the examination

For urgent matters, arrange an immediate medical examination. In all other circumstances, to ensure timely medical examination and treatment, arrange the medical examination as soon as possible after sighting or interviewing the child.

A medical examination after an alleged sexual assault must occur within 72 hours for the collection of evidence.

Ensure sufficient planning with medical professionals (and the QPS if relevant) to co-ordinate interviews and medical examinations. If the QPS is not involved, ensure the interview of the child and the medical examination occur in the most appropriate order in the circumstances.

Arrange for a parent to attend the examination

Make sure that a parent, or someone nominated by the parent, always accompanies the child to the medical examination. This is important, to ensure relevant medical history of the child and family is provided. The person to accompany the child to the examination for this purpose cannot be:

• a CSO, even if nominated by the parent 
• a parent or other person suspected of causing serious injury to a child.

If a child has been taken into custody under the Child Protection Act 1999, section 18, or is subject to a TAO, CAO or TCO that authorises a medical examination or grants custody of the child to the chief executive, do not prevent a parent from attending the child’s medical examination—unless it is decided that their attendance would jeopardise a criminal investigation or expose the child to harm.  

If powers under the Child Protection Act 1999 are used to authorise the medical examination or treatment, still make every effort to encourage and assist the parents to attend the medical examination—unless this would jeopardise a criminal investigation or expose the child to harm.

A CSO may transport and accompany the child and parent or nominated person to the appointment; however, they cannot transport the child unaccompanied by the parent or their nominated person unless the child is subject to a TAO, CAO or TCO.

Record the outcome of the examination

Record the details and results of the child’s examination in the information informing assessment tab in the assessment case in Unify. If a written report is also provided by the medical practitioner or specialist, place a hard copy on the child’s paper file, and attach the report to the assessment case in Unify.

The results of medical examinations that occur during the assessment are to be included in the subsequent health assessment. This will ensure the health assessment is adequately informed and avoids the duplication of medical examinations or treatment. (Refer to Procedure 5 Develop a child health passport.)

Refer the matter to the Queensland Police Service

If at any time, Child Safety reasonably believes that harm to a child may involve the commission of a criminal offence relating to the child (Child Protection Act 1999, section 14(2)), it has a legislative responsibility to immediately notify the QPS. This applies whether or not Child Safety suspects the child is in need of protection (Child Protection Act 1999, section 14(2) and (3)). Refer to the practice guide Schedule of criminal offences. 

If a Police referral is required and has not been completed, immediately:

• complete a Police referral in the Referrals tab of the assessment case in Unify
• attach a copy of the child concern report or notification, if relevant, without notifier details.

Information about a notifier’s identity cannot be provided to the QPS when making a referral or during a joint response to an assessment, except to the extent allowed by the Child Protection Act 1999, sections 186A and 186B.

There may be circumstances where it is necessary to provide the QPS with notifier information or information that may lead to the identification of a notifier, to perform a function under the Child Protection Act 1999. This information, may be disclosed to the QPS in accordance with Child Protection Act 1999, section 186A(2).

Work with the Family Participation Program

The Family Participation Program provides the following when working with an Aboriginal or Torres Strait Islander child or family:

• support to the family to participate in significant child protection decisions that affect their lives (Refer to Role of the Family Participation Program.)
• Aboriginal and Torres Strait Islander family-led decision making processes (Refer to Family-led decision making for an Aboriginal or Torres Strait Islander child.) 
• undertaking the role of an independent person. (Refer to Procedure 5 Arrange for an independent person to facilitate the child’s and family’s participation.)

Role of the Family Participation Program 

The Family Participation Program may accompany Child Safety to visit a family at any stage of an assessment, including:

• the initial home visit to the child and family 
• subsequent home visits.

The purpose of the Family Participation Program being present at the initial home visit is to: 

• talk to the family about
  • how the Family Participation Program may assist them to meaningfully participate in decision making and planning when Child Safety is involved with their family
  • the roles that the Family Participation Program can undertake, including
    • facilitating family-led decision making (Refer to Family-led decision making for an Aboriginal or Torres Strait Islander child.)
    • family mapping
    • being the independent person for the family in certain circumstances. (Refer to Procedure 5 Arrange for an independent person to facilitate the child’s and family’s participation.)
• seek the family’s consent to work with the Family Participation Program and commence the referral process−the referral may be initiated by the family or by Child Safety
• assist the family to understand Child Safety processes.

In addition, if during the initial visit an immediate safety plan is needed, the Family Participation Program may facilitate the family’s participation in the development of the plan−if the family agrees. (Refer to Develop an immediate safety plan.)

Child Safety is responsible for all aspects of the assessment and 2 officers will conduct interviews if the response to the notification is a priority response. (Refer to Requirement for two officers to conduct interviews.) 

The Family Participation Program may also visit a family without Child Safety, after Child Safety has visited and the family has agreed to contact by the Family Participation Program. (Refer to the practice guide Family Participation Program Referrals for Aboriginal and Torres Strait Islander family-led decision making.)

Whenever the Family Participation Program does not accompany Child Safety on the initial home visit to a family:

• talk with the family about whether they agree to the Family Participation Program contacting them to discuss their service and how they may support and assist the family during any future contact with Child Safety
• give the family the contact details of their local Family Participation Program
• engage the Family Participation Program as soon as possible after the visit to
  • advise the Family Participation Program whether the family agreed to being contacted by their service
  • plan whether, and at what stage of the assessment process, it plans to visit the family, if the family agree to contact by the Family Participation Program.

For further information about making referrals to the Family Participation Program, refer to Refer the family to the Family Participation Program.

Refer the family to the Family Participation Program

After the Family Participation Program has spoken to a family and the family has given consent to work with the Family Participation Program, either:

• complete a referral for family mapping or for family-led decision making using the Queensland family support referral portal
  or
• confirm that the family has self-referred
  and
• give (or confirm the Family Participation Program has already received) the following information to support the referral
  • the notified concerns (excluding notifier details)
  • the child protection history
  • any other information known that will assist the Family Participation Program to undertake their role, such as details of family relationships, genogram or the completed Collaborative assessment and planning framework tool
• upload the following in the documents tab of the other referral section in Unify
  • a copy of the referral 
  • the email advising that the referral has been received.

Family-led decision making for an Aboriginal or Torres Strait Islander child

The purpose of the family-led decision making process is to give the child’s family group a culturally safe process to:

• consider the concerns 
• develop a family plan to respond to the child’s needs including 
  • any family resources and capabilities to support the child and parents—to sufficiently mitigate risk and prevent the need for ongoing intervention 
  • family strategies to minimise the degree and length of any necessary ongoing intervention, if relevant
  • alternatives to placing the child in care, or culturally appropriate care arrangement options in line with the Aboriginal and Torres Strait Islander Child Placement Principle, including a plan for how the child will keep connected with family, community and culture if they cannot remain safely at home.

Consult the child and family and the Family Participation Program about a referral for the Family Participation Program to convene a family-led decision making process.

Make a referral for family-led decision making if:

• the child is likely to be assessed as a child in need of protection
  or
• the family will benefit from support to address identified needs and reduce future risk to the child
  and
• it is in the child’s best interests
  and
• the family agrees to the process taking place.

Before a family-led decision making meeting:

• advise the family and the child of their right to have an independent person to help facilitate their participation in this process
  and 
• if the child or family consent to the involvement of an independent person, arrange for the independent person, including determining suitability, unless it is
  • not practicable because an entity is not available 
  • likely to have a significant adverse effect on the safety or emotional wellbeing of the child or another person
  • not in the child’s best interest.

To decide, with the child’s parents, the degree to which the child will be involved in the family-led decision making process, consider:

• their age and ability to understand
• if it is in their best interest, taking into account their emotional and psychological wellbeing
• how much information the child is already aware of and needs to know, especially as it has not yet been decided if the child
  • is in need of protection
  • will be subject to ongoing intervention. 

While arranging the family-led decision making process, take action to ensure the child’s safety including, if needed, a care arrangement using the authority of:

• an assessment care agreement
  or
• application for a temporary assessment order.  

Make a referral for family-led decision making

To refer a family: 

• discuss with the parents and child, depending on the child’s age and ability to understand
  • the purpose of family-led decision making
  • that if they wish to participate in a family-led decision making process, that wherever possible it will be facilitated by the Family Participation Program or a similar process facilitated by a Child Safety family group meeting convenor
• complete the referral outlining
  • the child protection concerns
  • the purpose of the meeting
  • the child and parents’ details
  • contact details of relevant family members, if known, and any relevant timeframes.

If the parents choose to participate in an Aboriginal and Torres Strait Islander family-led decision making process:

• refer the family to the Family Participation Program using the Queensland family support referral portal. (Refer to Refer the family to the Family Participation Program.)
• upload a copy of the referral in the documents tab of the other referral section in Unify.

Facilitation by a family group meeting convenor  

At times a child and family may choose to participate in a family-led decision making process facilitated by the family group meeting convenor.

As it is not facilitated independently of Child Safety, it differs to the model of ‘Aboriginal and Torres Strait Islander family-led decision making’, which is undertaken exclusively by the Family Participation Program or other Aboriginal or Torres Strait Islander service.

If the senior team leader is not able to attend the meeting, and the assessment outcome is not able to be confirmed on the day of the meeting, one of the following will occur: 

• the senior team leader will be contactable during the meeting or arrange for another delegated officer to be contactable
  or
• participants will be contacted after the meeting to discuss the assessment outcome
  or
• participants will be advised that the family-led decision making process will need to continue at another mutually agreed time. 

Resolve issues between Child Safety and the Family Participation Program

The Family Participation Program and Child Safety will seek to resolve any issues that arise at an operational level, when undertaking a standard or priority response to a notification. If there are concerns about action taken during, or the outcome of, an assessment involving Child Safety and the Family Participation Program:

• The senior team leader will liaise with an equivalent level staff member from the Family Participation Program. 
• If the matter cannot be resolved at the senior team leader level, the CSSC manager will liaise with the Family Participation Program manager. 

Respond if a parent will not consent to actions required – temporary assessment order

A TAO is an assessment order that authorises one or more of the following actions during an assessment:

• to have contact with the child 
• to take the child into, or keep the child in, the custody of the chief executive while the order is in force 
• to authorise medical examination or treatment 
• to direct a parent about contact with the child 
• to enter a residence or premises and search for a child, and remain there as long as necessary 
• to authorise the use of help and force considered reasonable in the circumstances. 

Under the Child Protection Act 1999, sections 24–36, a TAO can be applied for at any stage during an assessment, if:

• a parent will not consent to actions considered essential for the completion of an assessment
  and
• reasonable attempts have been made to obtain parental consent
  and
• the actions that the TAO will authorise can be carried out within 3 days. 

The magistrate may decide the application for a TAO without notifying the child’s parents of the application or hearing them on the application.

Seek legal advice from an OCFOS lawyer

If a TAO is considered necessary, consult with the senior team leader to seek their agreement to consult with the OCFOS lawyer about applying for a TAO.

If the senior team leader agrees that a TAO may be necessary, meet with the OCFOS lawyer to outline the current child protection concerns, the steps taken to date in the assessment process and the reasons a TAO is considered necessary.  

The OCFOS lawyer will review the evidence and provide written legal advice about whether there is enough information to satisfy the legal requirements for seeking a TAO and each of the requested provisions.

If the OCFOS lawyer provides legal advice recommending an application for a TAO be made, the senior team leader will:

• provide instructions to the OCFOS lawyer to proceed with an application for a TAO (Refer to Apply for a temporary assessment order.)
• advise the OCFOS lawyer who the applicant will be. 

If the OCFOS lawyer provides legal advice that does not recommend a TAO, the senior team leader will attempt to resolve the matter by discussing the issues with the OCFOS lawyer. If the matter cannot be resolved, the senior team leader will escalate the matter to the CSSC manager.

If the senior team leader escalates a matter to the CSSC manager, the CSSC manager and OCFOS senior legal officer will either:

• discuss and resolve the issues
  or
• discuss next steps, if they cannot resolve the matter.

Support an OCFOS lawyer to prepare an application 

To prepare an application for a TAO, the OCFOS lawyer will:

• create an emergent order – TAO case in Unify
• complete a draft Form 1—Application for a temporary assessment order
• make sure the application includes details of
  • the nature of the child protection concerns that warrant immediate action
  • attempts made to gain the consent of at least one parent, to the actions required 
  • the rationale for seeking the specified provisions, for example, a medical examination or custody 
  • action to occur while the order is in place
  • actions taken in relation to the child during any period of custody under the Child Protection Act 1999, section 18
  • the care arrangement and family contact, if relevant
  • the active efforts made to apply the Aboriginal and Torres Strait Islander Child Placement Principle for an Aboriginal or Torres Strait Islander child
• complete a draft Form 3 in the emergent order – TAO case in Unify 
• upload the completed draft Form 1—Application for a temporary assessment order in the documents tab in Unify
• advise the senior team leader that the information is ready for review in Unify. 

After receiving the draft TAO application from the OCFOS lawyer in Unify, the senior team leader and CSO (if they are the applicant) will:

• review the draft application to check for accuracy and to ensure the most up to date, relevant information is included
• return the application to the OCFOS lawyer in Unify with any feedback or recommended changes.  

To finalise the application for a TAO:

• the OCFOS lawyer will review and consider feedback from the senior team leader and CSO
• the OCFOS lawyer will send the final application by email to the applicant
• the applicant (either the senior team leader or CSO) will swear or affirm the application and upload it to the documents tab of the emergent order – TAO case in Unify.

Apply for a temporary assessment order

After the application for a TAO has been finalised, the OCFOS lawyer will make a time to appear before the magistrate on behalf of Child Safety.

Before the OCFOS lawyer appears before the magistrate:

• advise the OCFOS lawyer if either parent has a legal representative and the details of the legal representative, if known
• consider serving the parents with a copy of the TAO application, unless it contains sensitive information.

If the TAO is granted by the magistrate the OCFOS lawyer will:

• Obtain a copy of the TAO (Form 3) from the magistrate.
• Upload a sealed copy of the Form 1 and the Form 3 to the documents tab in Unify and advise the senior team leader and the CSO.
• Complete the court outcome letter for the parents.
• Ensure the relevant forms are completed in Unify. 

After receiving the TAO (Form 3) from the OCFOS lawyer:

• Give a copy of the order to at least one of the child’s parents.
• Provide the child with information about the order, having regard to the child's age and ability to understand. (Refer to the tool The Immediate Story.) 
• Explain to the child and the parents the reasons for, and the effect of, the TAO.
• Inform the parents or guardian about the right of appeal. Also tell them that if they wish to appeal, they must take immediate action to lodge the appeal (because of the short duration of the order). 
• Make sure that a child who has been placed in the custody of the chief executive understands the reasons why they have been removed from their parents’ care and placed in care. 

If the child has a long-term or permanent guardian, make reasonable attempts to:

• tell at least one of the parents about the reasons for and the effect of the TAO and about the right of appeal
• serve them with a copy of the order. 

If unable to advise the parents, record all attempts made in the assessment case in Unify (Child Protection Act 1999, section 32).

The OCFOS lawyer will close the case in Unify by changing the case status to matter finalised once the order has expired.

Apply for a temporary assessment order after hours

If a CSSC is aware that a TAO application may be required after hours, the senior team leader will advise the OCFOS lawyer before 5pm. The OCFOS lawyer will contact the on-call magistrate for the application to be heard.

If the OCFOS lawyer is not advised before 5pm, the senior team leader will:

• create an emergent order – TAO case in Unify
• draft the TAO application or assist the CSO to draft the TAO application
• contact the on-call OCFOS lawyer for advice
• call the on-call magistrate for the application to be heard. 

 If the TAO is granted, the senior team leader will:

• obtain a copy of the TAO (Form 3) from the magistrate
• upload a copy of the TAO to the documents tab in Unify
• complete the court outcome letter for the parents.

If the CSAHSC is responding to a matter that requires an application to the on-call magistrate, they may consult with the on-call OCFOS lawyer for legal advice.

Effect on existing custody or guardianship orders 

If the child is already subject to an order granting custody or guardianship, that order remains in effect while the child is in the custody of the chief executive under the TAO. If the TAO contains any specific provisions that are inconsistent with the existing custody or guardianship order, then the provisions on the TAO must be complied with.

Duration of a temporary assessment order

When applying for the TAO:

• consider the timeframe needed 
• the OCFOS lawyer will record the proposed timeframe in the draft order to be provided to the magistrate. 

A TAO that is granted for a period of either one or two days can be extended for a maximum of either two or one days respectively (Child Protection Act 1999, section 34(5)) if a CAO or a child protection order is not being sought. 

The magistrate can extend a TAO that is granted for a period of 3 business days—only once—to the end of the next business day, if satisfied that:

• Child Safety intends to apply for a CAO
  or
• the DCPL intends to apply for a child protection order.

This allows the application for another order to be lodged with the court during business hours. The application for another order must be lodged before the court closes on the day the TAO expires.  

If an extension of a TAO is required, the senior team leader will consult the OCFOS lawyer to apply for an extension and will advise the OCFOS lawyer who the applicant is.  The OCFOS lawyer will draft the TAO extension.

If an application for a CAO or a child protection order is filed before the TAO expires, the TAO will continue in force until the subsequent application is decided or the Childrens Court orders an earlier end to the order (Child Protection Act 1999, section 99).

Assess safety before returning a child home−temporary assessment order

Before returning a child to the care of their parents (after they have been subject to a TAO granting custody to the chief executive):

• complete a safety assessment with the family 
• consider all available information.

If the child is assessed to be unsafe:

• In consultation with the senior team leader, decide the appropriate intervention that will ensure the child’s safety. 
• Consult the OCFOS lawyer if a CAO or child protection order is required. Where applicable, the OCFOS lawyer will
  • lodge the CSO’s application for a CAO before the TAO expires, or 
  • refer the matter to the DCPL for an application for a child protection order to be made before the TAO expires.

Respond if a parent will not consent to actions required—court assessment order

Under the Child Protection Act 1999, sections 38–51, a CAO may be sought at any stage during an assessment if:

• a parent will not consent to actions considered essential for the completion of the assessment after reasonable attempts have been made to gain consent
  or
• it is not practicable to obtain the parent’s consent
  and
• it has been decided that more than 3 business days are needed to complete the assessment.

This includes where initial contact with the child has occurred, but the parents do not consent to subsequent required actions.

Seek legal advice from an OCFOS lawyer

If a CAO is considered necessary, consult with the senior team leader to seek their agreement to consult with the OCFOS lawyer about applying for a CAO.

If the senior team leader agrees that a CAO may be necessary, meet with the OCFOS lawyer to outline the current child protection concerns, the steps taken to date in the assessment process and the reasons a CAO is considered necessary.

The OCFOS lawyer will review the evidence and provide written legal advice about whether there is enough information to satisfy the legal requirements for seeking a CAO and each of the requested provisions.

If the OCFOS lawyer recommends an application for a CAO be made, the senior team leader will:

• provide instructions to the OCFOS lawyer to proceed with an application for a CAO (Refer to Support an OCFOS lawyer to prepare an application.)
• advise the OCFOS lawyer who the applicant will be. 

If the OCFOS lawyer provides legal advice that does not recommend a CAO, the senior team leader will attempt to resolve the matter by discussing the issues with the OCFOS lawyer. If the matter cannot be resolved, the senior team leader will escalate the matter to the CSSC manager.

If the senior team leader escalates a matter to the CSSC manager, the CSSC manager and OCFOS senior legal officer will either:

• discuss and resolve the issues
  or
• discuss next steps, if they cannot resolve the matter.

Support an OCFOS lawyer to prepare an application

To prepare an application for a CAO, the OCFOS lawyer will:

• create an emergent order – CAO case in Unify
• complete the draft Form 5—Application for a court assessment order  
• make sure the application includes details of
  • the nature of the child protection concerns that warrant immediate action
  • attempts made to gain the consent of at least one parent to the actions required 
  • the rationale for seeking the specified provisions―for example, a medical examination or custody 
  • action to occur while the order is in place
  • arrangements for a care arrangement and family contact, if relevant
• the active efforts made to apply the Aboriginal and Torres Strait Islander Child Placement Principle for an Aboriginal or Torres Strait Islander child
• complete a draft Form 7 in the emergent order – CAO case in Unify 
• upload the completed draft Form 5—Application for a court assessment order in the documents tab in Unify
• advise the senior team leader that the information is ready for review in Unify.

After receiving a draft CAO application from the OCFOS lawyer, the senior team leader and CSO (if they are the applicant) will: 

• review the draft application to check for accuracy and to ensure the most up to date relevant information is included
• email the OCFOS lawyer with any feedback or recommended changes.

To finalise the application for a CAO:

• the OCFOS lawyer will review and consider feedback from the senior team leader and CSO
• the OCFOS lawyer will email the final application to the applicant
• the applicant (either the senior team leader or CSO) will swear or affirm the application and upload it to the documents tab of the emergent order – CAO case in Unify.

File and serve the application

After the application for a CAO has been finalised, the OCFOS lawyer will file the application with the court.

Once the application has been filed, make reasonable attempts to serve a copy of the application on the child’s parents. If the child has a long-term or permanent guardian, make reasonable attempts to serve the guardian, each of the parents and their lawyers, if they are legally represented. 

After a parent has been served with a copy of the application, provide an affidavit of service to the OCFOS lawyer. (Refer to Procedure 3 Serve the application and affidavit.)

If a copy of the application has not been able to be served on a parent, advise the OCFOS lawyer of the attempts made and record the attempts in a case note in Unify.

Take action when a court assessment order is granted

If the CAO is granted by the court the OCFOS lawyer will:

• Obtain a copy of the CAO (Form 40) from the court.
• Upload a sealed copy of the Form 39 and the Form 40 to the documents tab in Unify and advise the senior team leader and the CSO.
• Complete the court outcome letter for the parents.
• Ensure the relevant forms are completed in Unify. 

After receiving the CAO (Form 40) from the OCFOS lawyer:

• Provide the child with information about the order, including the reasons for, and the effect of, the CAO, having regard to the child's age and ability to understand.
• Give the court outcome letter and a copy of the order to at least one of the child’s parents and explain to them the reasons for, and the effect of, taking the CAO. Also give them a copy of the brochure Assessment orders―information for parents.
• Inform the parents or guardian about the right of appeal and how to appeal.
• Make sure that a child who has been placed in the custody of the chief executive understands the reasons why they have been removed from their parents’ care and placed in care. (Refer to the tool The Immediate Story.) 

The OCFOS lawyer will close the case in Unify by changing the case status to matter finalised once the order has expired.

Effect on existing custody or guardianship orders 

If the child is already subject to an order granting custody or guardianship, that order remains in effect while the child is in the custody of the chief executive under a CAO. If the CAO contains specific provisions that are inconsistent with the existing custody or guardianship order, then the provisions on the CAO must be complied with.

Duration of a court assessment order

When applying for the CAO:

• consider the timeframe needed 
• the OCFOS lawyer will record the proposed timeframe in the draft order to be provided to the magistrate. 

If the assessment cannot be completed in the 28-day period, the CAO can be extended:

• once only, to allow the assessment to be completed
• if the court is satisfied that it is in the child’s best interests 
• if the CAO has not ended
• for no more than 28 days.

Consider an extension of a court assessment order

Before a decision is made to apply for an extension of a CAO:

• consult with the senior team leader and seek their agreement to consult with the OCFOS lawyer about extending the CAO.
• depending on the child’s age and level of understanding, consult the child to obtain their views about arrangements for their care for the duration of the extension.

If the senior team leader agrees that an extension of a CAO may be required: 

• consult with the OCFOS lawyer, at least 5 business days before the CAO expires providing a case work update and rationale for the extension
• seek the OCFOS lawyers’ advice on seeking to extent the CAO.
• seek the views and wishes of the child.

If the OCFOS lawyer provides legal advice recommending the extension in line with the senior team leader’s instructions, the OCFOS lawyer will draft the application for to extend the CAO.  Once the application is finalised the OCFOS lawyer will file the application at court at least 3 business days before the CAO expires.  

If the OCFOS lawyer provides legal advice that does not recommend an extension of the CAO, the senior team leader will attempt to resolve the matter by discussing the issues with the OCFOS lawyer. If the matter cannot be resolved the senior team leader will escalate the matter to the CSSC manager.

If the senior team leader escalates a matter to the CSSC manager, the CSSC manager and OCFOS senior legal officer will either:

• discuss and resolve the issues
  or
• discuss next steps, if they cannot resolve the matter.

After the application to extend a CAO has been filed with the court:

• serve the parents with the application and advise them of the court date
• complete an affidavit of service and provide it to the OCFOS lawyer.

Assess safety before returning a child home−court assessment order

Before returning a child to the care of their parents (after they are subject to a CAO granting custody to the chief executive):

• consider all available information 
• complete a safety assessment with the family. 

If the child is assessed to be unsafe:

• Consult with the senior team leader to decide which ongoing intervention is likely to ensure the child’s safety. 
• Consult the OCFOS lawyer as soon as possible and at least 2 weeks before the CAO expires, if possible. This may require a referral to the DCPL. (Refer to Procedure 3 Refer to Director or Child Protection Litigation to apply, extend, vary or revoke a child protection order.)
• Provide OCFOS with the draft affidavit no later than 5 days before the CAO expires, if a referral to the DCPL is needed.

Respond to urgent circumstances—temporary custody order 

A TCO is applied for when a child is assessed as being in need of protection and is at unacceptable risk of immediate harm (Child Protection Act 1999, sections 51AB–51AM).

If a TCO is considered necessary:
consult and seek the agreement of the senior team leader 

• seek legal advice from the OCFOS lawyer, including for matters that have been referred to the DCPL, but an application for a child protection order is yet to be decided and filed.  

If the OCFOS lawyer provides legal advice that does not recommend a TCO, the senior team leader will attempt to resolve the matter by discussing the issues with the OCFOS lawyer. If the matter cannot be resolved, the senior team leader will escalate the matter to the CSSC manager.

If the senior team leader escalates a matter to the CSSC manager, the CSSC manager and OCFOS senior legal officer will either:

• discuss and resolve the issues
  or
• discuss next steps, if they cannot resolve the matter.

If the OCFOS lawyer provides legal advice recommending a TCO, in line with instructions from the senior team leader to seek a TCO, the senior team leader will:

• provide instructions to the OCFOS lawyer to proceed with an application for a TCO
• advise the OCFOS lawyer who the applicant will be. 

Respond when there are current child protection proceedings

If a TCO is considered necessary for a child who is subject to child protection proceedings, the senior team leader will:

• advise the OCFOS lawyer the child has been assessed as being at immediate risk of harm and a consult will be arranged with the DCPL 
• organise an urgent case consult with the DCPL to discuss whether the matter can be urgently listed for mention, for the court to consider the new information
• seek a legal consult with the OCFOS lawyer to discuss applying for a TCO, if the DCPL advise it is not possible or practicable to list the matter for urgent mention.

Support an OCFOS lawyer to prepare an application

To prepare an application for a TCO, the OCFOS lawyer will:

• create an emergent order – TCO case in Unify
• complete a draft Form 39—Application for a temporary custody order
• make sure the application includes details of
  • the nature of the child protection concerns that warrant immediate action
  • attempts made to gain the consent of at least one parent (preferably both) to the actions required 
  • the rationale for seeking the specified provisions (such as a medical examination or custody) 
  • action to occur while the order is in place
  • actions taken in relation to the child during any period of custody under the Child Protection Act 1999, section 18
  • the care arrangement and family contact, if relevant
  • the active efforts made to apply the Aboriginal and Torres Strait Islander Child Placement Principle for an Aboriginal or Torres Strait Islander child, 
• complete a draft Form 40 in the emergent order – TCO case in Unify 
• upload the completed draft Form 39—Application for a temporary custody order
• in the documents tab in Unify
• advise the senior team leader that the information is ready for review in Unify. 

After receiving the draft TCO application from the OCFOS lawyer the senior team leader and the CSO (if they are the applicant) will:

• review the draft application to check for accuracy and to ensure the most up to date, relevant information is included
• email the OCFOS lawyer with any feedback or recommended changes.

To finalise the application for a TCO:

• the OCFOS lawyer will review and consider feedback from the senior team leader and CSO
• the OCFOS lawyer will email the final application to the applicant (either the senior team leader or CSO) 
• the applicant (either the senior team leader or CSO) will swear or affirm the application and upload it to the documents tab of the emergent order – TCO case in Unify.
• the OCFOS lawyer will file the application.

Support an OCFOS lawyer to apply for a temporary custody order

After an application for a TCO has been finalised, the OCFOS lawyer will make a time to appear before the magistrate on behalf of Child Safety. 

Before the OCFOS lawyer appears before the magistrate:

• advise the OCFOS lawyer if either parent has a legal representative and the details of the legal representative, if known
• consider serving a copy of the TCO application, unless it contains sensitive information.

The magistrate may decide the application for a TCO without notifying the child’s parents of the application or hearing them on the application. 

If the TCO is granted by the magistrate the OCFOS lawyer will:

• Obtain a copy of the TCO (Form 40) from the magistrate 
• Upload a sealed copy of the Form 39 and the Form 40 to the documents tab in Unify and advise the senior team leader and the CSO 
• Complete the court outcome letter for the parents
• Ensure the relevant forms are completed in Unify.

After receiving the TCO (Form 40) from the OCFOS lawyer:

• provide a copy of the order to at least one of the child’s parents
• provide the child with information about the order, having regard to the child's age and ability to understand
• explain to the child and the parents the reasons for, and the effect of, taking out the TCO. Also give them a copy of the brochure Temporary custody orders–information for parents. 
• inform the parents or guardian about the right of appeal. Let them know that because of the duration of the order, if they want to lodge an appeal, they must take immediate action to do so.

The OCFOS lawyer will close the case in Unify by changing the case status to matter finalised once the order has expired.

Seek a temporary custody order after hours

If a CSSC is aware that a TCO application may or will be required after hours, the senior team leader will advise the OCFOS lawyer before 5pm if possible. The OCFOS lawyer will contact the on-call magistrate for the application to be heard.

If the OCFOS lawyer is not advised before 5pm, the senior team leader will:

• create an emergent order – TCO case in Unify
• draft the TCO application or assist the CSO to draft the TCO application
• contact the on-call OCFOS lawyer for legal advice, if required
• call the on-call magistrate for the application to be heard. 

If the TCO is granted, the senior team leader will:

• obtain a copy of the ‘TCO (Form 40)’ from the magistrate
• upload a copy of the TAO to the documents tab in Unify
• complete the court outcome letter for the parents.

Duration of a temporary custody order

The magistrate can extend a TCO, only once to the next business day: 

• if the magistrate is satisfied the order has not ended
  or
• if the DCPL intends to apply for a child protection order during the period of extension. Written confirmation from the DCPL will be required. 

This allows the DCPL to lodge the application for a child protection order with the court during business hours. The application for another order must be lodged before the court closes on the day the TCO expires. Under the Child Protection Act 1999, section 99, a TCO will continue until the application for a child protection order is decided. 

Assess safety before returning a child home 

Before returning a child to the care of their parents and while the child is still subject to a TCO granting custody to the chief executive:

• Complete a safety assessment with the family. (Refer to Carry out a safety assessment.)
• Consider all available information.

If the child is assessed to be unsafe:

• in consultation with the senior team leader, decide the appropriate intervention that will ensure the child’s safety 
• consult the OCFOS lawyer if a child protection order is required. 
• if a child protection order is required, the senior team leader will instruct the OCFOS lawyer to make a referral to the DCPL for a child protection order.

During the TCO period, the senior team leader will provide the approved draft of the initiating affidavit to the OCFOS lawyer no later than 48 hours before the order expires. (Refer to Procedure 3 Prepare an affidavit.)

Where applicable, the OCFOS lawyer will:

• complete a Form A referral to the DCPL for a child protection order application 24 hours before the TCO expires
• provide the DCPL with a draft initial affidavit recommending the type of child protection order. 

Take action if a child and family cannot be located

If a family cannot be located, consider undertaking the following in an attempt to find information to locate them:

• re-contact the notifier
• check SCAN team records
• contact any service providers known to be providing a service to the child or family  
• search telephone directories
• contact the QPS for information and assistance
• search the electoral roll (Refer to Australian Electoral Commission Roll.)
• request assistance from schools or the Department of Education  
• request assistance from Centrelink
• request assistance from Medicare Australia
• request assistance from the Child Support Agency.

Each agency has a separate disclosure requirement and request form.

Centrelink may disclose relevant information if it is necessary to prevent or lessen a threat to the life, health or welfare of a person. To request a family’s whereabouts from Centrelink:

• complete the Request by a Child Protection Agency for information from Centrelink (SI041) form
• email the form to DMS_Centrelink@communities.qld.gov.au with the subject heading, Response Priority: Centrelink Request for (family name).

Medicare Australia may disclose relevant information where it is necessary to prevent or lessen a serious or imminent threat to the life or health of an individual. To request information from Medicare Australia:

• Complete the Medicare Request Form. 
• Email the form to DMS_Medicare@communities.qld.gov.au with the subject heading, Response Priority: Medicare Request for (family name).

Before releasing information, the Child Support Agency needs to form a reasonable belief that: 

• the information is necessary to prevent or reduce the threat to the life, health or welfare of a person
  or 
• a reasonable belief that the threat may provide evidence that an offence has or may be committed against a person and the information will be used to prevent, investigate or prosecute the offence.

To request information from the Child Support Agency:

• complete the Request by a Child Protection Agency for information from Child Support (SI043) form 
• email the form to DMS_CSA@communities.qld.gov.au with the subject heading, Response Priority: Child Support Agency Request for (family name).

For assistance with making a request, contact Data Management Services. For specific information on what each agency can disclose, refer to The Information Sharing Protocol between the Commonwealth and Child Protection Agencies.

Record the outcome if the family cannot be located

If it has not been possible to commence an assessment and the senior team leader is satisfied that all reasonable attempts have been made to locate the family—taking into account the seriousness of the concerns, the potential risk of harm and the age and vulnerability of the child:

• Record a member of a mobile family alert in Unify on the person profile of each relevant person, as soon as it is decided that the family are mobile or will be difficult to locate.
• Document all action taken to locate the child and family, in the Record of actions—mobile family form in the assessment case in Unify, including
  • attempts made to locate the family and carry out the assessment
  • the results of all action taken
  • relevant information received about the family from other parties 
  • decisions made, and the rationale for decisions.
• Finalise the assessment within 30 days of the decision to record a notification and record a No assessment completed outcome for each subject child.

If a subsequent notification is recorded and the family has been located:

• Do not reopen the original assessment case in Unify.
• Assess the previous concerns along with the current concerns, as part of the assessment.
• Record the previous concerns and the relevant outcomes in the current assessment case in Unify.

Take action if the parents do not allow contact with a child

If, during a standard or priority response, a parent refuses entry to the home, or contact with the child:

• Make every attempt to gain the parents’ consent to carry out the assessment.
• Explain the legal obligation of Child Safety to respond to the concerns under the Child Protection Act 1999, section 14.
• Emphasise the responsibility of Child Safety to sight the child and speak to the child and the parents—to assess the concerns.
• Explain that the assessment process provides an opportunity for the parents to respond to the concerns.
• Acknowledge the parents’ reluctance and suggest options such as the use of a support person. (Refer to the practice guide The role of a support person.)
  or
• Before leaving the premises, arrange an appointment at another time—if no immediate danger is identified for the child, from
  • information in the notification 
  • observations made during contact with the parents.

If the parents continue to refuse contact, consult the senior team leader about escalating the assessment to a priority response. (Refer to Escalate to a priority response.)

If the assessment is escalated to a priority assessment response consult with the OCFOS lawyer about taking action under the Child Protection Act 1999 to enable the assessment to proceed, either:

• using powers under sections 16 or 18—to access the child or secure their immediate safety, where there are concerns for the immediate safety of a child. (Refer to Take action when the child is at immediate risk of harm—use of section 16 or 18.)
• applying for a TAO. (Refer to Respond if a parent will not consent to actions required—temporary assessment order.)
• applying for CAO. (Refer to Respond if a parent will not consent to actions required—court assessment order.)

Consider a Suspected Child Abuse and Neglect team referral

Consider a referral to a SCAN team, if coordination of multi-agency actions and/or expert advice from more than one core member representative is required to effectively assess and respond to the protection needs of the child or unborn child. (Refer to the Suspected Child Abuse and Neglect (SCAN) Team System Manual.)

To make a referral:

• complete the SCAN team referral in Unify, including whether an emergency meeting is required
• forward it to the senior team leader for approval.

The senior team leader will either:

• approve the referral
  or
• return the referral for further work
  or
• close the referral, if it is no longer required.

The SCAN team coordinator will accept the referral in Unify, which will allow the SCAN team core representatives to view the referral.

The SCAN team coordinator will schedule the matter for discussion at a SCAN team meeting. If additional information is received after the matter has been accepted, notify the SCAN team coordinator that an emergency meeting may be required. 

Record an alert

Record an alert in Unify when significant information relevant to an alert type is identified during the assessment for a child, their family or carer family. Refer to Procedure 1 Information that requires an alert in Unify for a list of alert types.

If information is received about a significant event that may require one or more alerts to be recorded for a child, a child’s family or carer family:

• Ensure the accuracy of the information—contact other government or non-government agencies, if relevant and in line with intake procedures to clarify or verify the information.
• Consult the senior team leader to assess the nature and significance of the information.
• Record and maintain the information on the alert tab of the person profile, until the alert is no longer relevant and can be closed.

Refer to a domestic and family violence high risk team

When the information received suggests that a person experiencing violence (and their child) are at high risk of serious injury or death due to domestic and family violence, a referral may be made to a High Risk Team. This will provide a forum for information sharing to ensure risk assessments are comprehensive, inform safety planning and ongoing management of risk, whilst enabling swift and flexible action across agencies and service providers to respond to need. (Refer to the  practice guide High risk teams and Child Safety.)

Consider an assessment care agreement

An assessment care agreement is an agreement between Child Safety and the child’s parents that allows the child to be placed with an approved carer during the assessment. It is signed by the parents and Child Safety.

If the parents agree to an assessment care agreement, they retain all custody and guardianship rights and responsibilities during the period of the agreement. However, by entering into an assessment care agreement, they:  

• agree to have Child Safety place the child with an approved carer, licensed care service or another entity 
• authorise Child Safety to act in all day-to-day matters including urgent medical attention
• agree to have contact with the child at such times and in such a manner as is mutually acceptable to them, the carer and Child Safety.

An assessment care agreement:

• can be for a maximum of 30 days
• cannot be extended
• is only to be used if it is assessed that there are no safety concerns about the parents retaining custody and guardianship rights
• can be entered into with one parent only if it is impractical to gain the consent of the other parent or reasonable attempts have been made to do so
• cannot be made with one parent if the other parent has refused to consent to the agreement.

A party can end an assessment care agreement at any time by giving at least 2 days notice to the other parties. A parent who was not a signatory to the agreement may also end the agreement by giving at least 2 days notice to the parties.

If an assessment care agreement is entered into with only one parent:

• make reasonable attempts to give a copy of the agreement to the other parent and obtain the other parent’s consent, after the agreement has been entered into
• record all attempts to contact and obtain consent from the other parent.

To place a child using an assessment care agreement:

• Seek the parents’ consent to the care arrangement and complete a Care agreement—Form, getting the parents to sign the form.
• Enter the care agreement in Unify and attach the signed form.
• Obtain necessary information from the parent about the child and
  • provide relevant information to the carer, using the Child information form (Refer to Prepare the care arrangement for the child’s arrival.)
  • update the child’s person profile in Unify.
• Commence the care arrangement in line with Procedure 6 Place a child in care. 
• For an Aboriginal or Torres Strait Islander child, consider safe, compatible care arrangement options that comply with the Aboriginal and Torres Strait Islander Child Placement Principle. (Refer to the practice kit Safe care and connection.)
• Make sure that appropriate decisions about the child's safety are made by the end of the agreement period, even if a decision has not yet made about whether the child is in need of protection.
• Use the agreement period to carry out key assessment tasks, such as completing the safety assessment, engaging with relevant parties, gathering information to inform the assessment of harm and risk of harm and arranging medical assessments, if applicable. 

Given the voluntary nature of the assessment care agreement, it is not usually appropriate to supervise contact between the child and parents during the agreement period. However, there may be occasions where:

• it is assessed that the risk to the child during contact may be high
  and 
• the parents have agreed to supervised contact during the agreement period, which prevents the need for an assessment order. 

In these cases, contact will be supervised. Contact may provide an opportunity to observe the interactions between the child and parents and inform an assessment of the parents' ability to meet the child's protection and care needs.

If a child subject to an assessment care agreement is subsequently assessed as being in need of protection, a decision may be made to continue the care arrangement with the parents’ agreement, as part of ongoing intervention. 

In this circumstance, end the assessment care agreement and negotiate a child protection care agreement with the parents. (Refer to Procedure 4 Use a child protection care agreement.)

Consider the differential pathway 

The differential pathway Contact with other professional is an alternative option for finalising a standard response, without completing an action that would ordinarily be carried out. The differential pathway enables the timely completion of an assessment:

• in a way that is tailored to a family’s individual circumstances 
• without compromising the safety of the child
• while ensuring sufficient information is gathered to determine an outcome.

The differential pathway relies on another professional assisting Child Safety by speaking to a subject child or pregnant person. This option may be used if:

• sighting and engaging or interviewing one subject child remains an outstanding task
• the child’s parents have given consent for the other professional to sight and speak to the child 
• it is in the child’s best interests for another professional to sight and engage with them
• the professional agrees to engage with the pregnant person on behalf of Child Safety. 

Relevant professionals will be employees of: 

• the Department of Education
• Queensland Health
• The Mater Hospital, Brisbane
• the QPS
• a principal of a non-government school
• an Aboriginal or Torres Strait Islander community-controlled organisation, where that employee is having contact with the child.

Information obtained from the professional can be used to finalise the assessment within the procedural timeframe for the subject child who would otherwise have a No assessment completed outcome recorded.

Consider using this option if it is assessed that:

• the risk factors identified do not necessitate a CSO sighting and engaging with the child
• it is appropriate to engage another professional to sight or speak to the subject child.

This option may be appropriate for a child in the following circumstances:

• if a child is admitted to hospital and it is appropriate for the hospital social worker to sight or speak to the child
• if the child moves to another area and has not been sighted and interviewed by the relevant CSSC
• if it is appropriate for a professional already engaged with the child, such as a guidance officer or Child and Youth Mental Health Service worker, to speak to the child.

Before using the differential pathway:

• Identify a professional who, given the child’s or pregnant person’s individual circumstances, would be an appropriate person to approach and speak to the child or pregnant person.
• Seek the parents’ consent for the professional to speak to the child or seek the pregnant person’s consent for the professional to speak with them.
• Contact the professional and advise them
  • of their confidentiality obligations under the Child Protection Act 1999
  • the concerns being assessed
  • that the information they gather may be used in court or tribunal proceedings
  • that Child Safety require a written advice of their interaction with the child.
• explain to the professional that any information provided by them will assist in an assessment of the needs of the child, family, or pregnant  
• Advise the professional if consent has been provided by the parents or pregnant person.

The differential pathway is not to be used for:

• the same child more than once within a 12-month period, or for 2 consecutive standard or priority responses
• children under school age or where there is only one subject child—except in exceptional circumstances when the senior practitioner has reviewed the matter and assessed that it is appropriate to use the option.

Request assistance from another jurisdiction

Priority response—address known

Request assistance from another state, territory or New Zealand to complete the assessment, if the:

• notification is for a child who currently resides in Queensland 
• parent who is the alleged person responsible for harm to a child resides at a known address in another jurisdiction. 

To request assistance in completing the assessment:

• Contact the interstate liaison team to obtain the appropriate form to make the request of the other jurisdiction.
• Attach the notification and any other relevant information gathered.
• Provide information about attempts already made to contact the parent or why this has not occurred.
• Specify the tasks requested of the other jurisdiction.
• Scan and email all relevant documentation to the interstate liaison team at ILO@csyw.qld.gov.au.

The interstate liaison team will:

• forward the documentation to the interstate liaison team in the jurisdiction where the parent lives and request that the jurisdiction assists with interviewing the identified parties  
• follow up with the interstate liaison team in the other jurisdiction, to find out whether they have decided to conduct the interviews, as requested.

If the other jurisdiction agrees to assist, the interstate liaison team will obtain from them a record of the interviews conducted. If the other jurisdiction does not agree to assist, the interstate liaison team will consult with the CSSC manager about whether to respond in line with the dispute resolution process.

If a family relocates to another jurisdiction before or during the assessment:

• Forward a Request for interstate notification to the interstate liaison team. (Refer to Procedure 1 Information from another jurisdiction.) 
• Take no further action—the other jurisdiction will respond to the concerns in line with their legislative requirements. 
• Close the assessment case in Unify, in line with usual assessment processes, noting that an interstate referral was made. (Refer to Finalise a priority response.)

Standard or priority response—address unknown

If the whereabouts of the family in another jurisdiction is unknown, forward a request for an interstate alert to the interstate liaison team. (Refer to Procedure 1 Information about a child in another jurisdiction.) If information is subsequently received about the family or the family’s whereabouts, notify the interstate liaison team immediately.

Transfer a standard or priority response 

If a child moves to another geographical area during a standard or priority response and most tasks are still to be completed, transfer the assessment to the CSSC in the geographical area where the child now lives.

To transfer an assessment, the senior team leader will:

• immediately contact the senior team leader of the receiving CSSC to advise of 
• the pending transfer 
• the outstanding tasks needed to complete the assessment
• make sure all information gathered as part of the assessment is recorded in Unify as soon as possible
• reassign the assessment case in Unify to the receiving CSSC, including outstanding tasks, so that any partially completed forms are also transferred
• promptly transfer any paper files to the receiving CSSC.

The receiving CSSC must:

• accept responsibility for completing the assessment
• ensure the subject children are sighted within one week
• complete the assessment.

All transfers are to occur in a way that prioritises the safety of the child and provides continuous and planned service delivery to the child and family.

CSSC managers are responsible for resolving disagreements that arise during the transfer of an assessment.

If the assessment is for a child or family who has moved to another jurisdiction, refer to Procedure 1 Information about a child in another jurisdiction.

Review the outcome of a priority response 

The outcome of an assessment is a decision made at a point in time based on the assessment of information known by the assessing officer at that time and approved by a senior officer, usually a senior team leader. 

If a review is conducted on a finalised assessment and the reviewer decides the outcome was incorrect, it is generally not appropriate to:

• delete the original outcome
  and
• record the outcome decided by the reviewer to be correct

even if the reviewer ensures the original outcome and subsequent decision making is documented.

It is appropriate to leave the outcome as originally recorded and ensure documentation is added to the file (and clearly linked to the original assessment outcome) that outlines the:

• name and position of the reviewer
• reason for the review
• review process, including whether it was a desk top review or included interviews with the original CSO and senior team leader
• revised assessment outcome that the reviewer decided was correct, including the rationale for the decision
• name and position of the person who approved or provided oversight to the review process and the revised assessment outcome.

In exceptional circumstances, the review process may recommend that information recorded in the assessment be amended because it is factually incorrect. It may also recommend that the person or parent recorded as being responsible for the abusive action, or unacceptable risk of harm be changed. 

Before any changes are made, the CSSC manager must record a case note in Unify, documenting their approval for the change, (see above for guidance on what to record). Examples of when this may be considered include when:

• a person profile is incorrectly linked to an assessment, recording the wrong person as the person responsible or parent responsible, and the assessment outcome would wrongly influence future assessments of risk and a parent’s ability and willingness to protect 
• a person recorded as the person responsible for abusive action to a child was not given the opportunity to respond to the alleged concerns and further review has determined that the assessment was incorrect. 

Inform the person seeking the review of the outcome

From the outset, advise the person seeking the review that a review will not result in a change of outcome, but additional information will be included on the child’s file. 
Once the review is finalised, individuals should be advised that the review report has been completed and attached to the relevant part of the file so it can be read in context with the original assessment outcome.