Respond to specific matters

This section provides guidance on how to investigate and assess a range of specific matters that are not covered elsewhere in this procedure.

Unborn child

The purpose of an investigation and assessment before the birth of a child is to assess concerns about the risk of significant harm that the unborn child may experience after he or she is born. If risk is identified, the pregnant woman will be offered help and support to increase the newborn baby’s safety. The role of Child Safety is to:

• assess the likelihood that the unborn child will need protection after birth
• decide what help and support can be offered to the pregnant woman and, if relevant, her partner or the father of the unborn child.

Refer to the Checklist for an investigation and assessment relating to an unborn child for an overview of the steps required to complete an investigation and assessment for an unborn child.  

Any action taken by Child Safety to investigate and assess the safety of an unborn child after birth must not interfere with the rights and liberties of the pregnant woman.

Before commencing the investigation and assessment

Before commencing an investigation and assessment for an unborn child:

• plan the investigation and assessment (Refer to Plan the investigation and assessment.)
• consider whether there would be increased risk for the unborn child after the child’s birth, if the pregnant woman were alerted to the concerns. (Refer to Delay having contact with the pregnant woman.)

Delay having contact with the pregnant woman

Before having contact with the pregnant woman, the senior team leader will decide if it is necessary to delay contact with the pregnant woman until after the child is born.

The decision to delay having contact with the pregnant woman until after the child’s birth will only occur if there is a high probability that, if alerted to the concerns, the pregnant woman would relocate to avoid Child Safety intervention at the time of the birth, thus placing the newborn baby at increased risk of significant harm.

When the decision is made to delay contact with the pregnant woman:

• The senior team leader will record the rationale and date of the decision to delay contact with the pregnant woman in the investigation and assessment event in ICMS.
• Record an unborn child alert on the person records of the pregnant woman and the unborn child in ICMS.
• Complete an unborn child high risk alert. (Refer to Complete an unborn child high risk alert.)
• Keep the investigation and assessment event open in ICMS until the child is born and the investigation and assessment is completed.
• Seek information during the pregnancy from external agencies to inform the investigation and assessment.

If, following a decision to delay having contact with the pregnant woman, a subsequent decision is made to have contact with the pregnant woman due to new information being received about the family, the senior team leader will record in the Assessment and Outcome form in ICMS:

• the rationale for the decision
• the date before the child's birth that the decision was made to proceed with the investigation and assessment.

If Child Safety is contacted about additional concerns for an unborn child, refer to Respond to additional notified concerns.

Commence the investigation and assessment

An investigation and assessment for an unborn child is considered to have commenced when:

• a pregnant woman is first sighted and is interviewed
  or
• new information that informs the assessment about the unborn child’s safety after they are born is sought and received from an external agency (only to be used for a 5 or 10 day response priority timeframe). (Refer to Take action to commence an investigation and assessment within 5 or 10 days.)

Do not proceed with the investigation and assessment if, at the outset, the woman states that she:

• was never pregnant or is no longer pregnant, due to a miscarriage or termination
  and it has been confirmed with her medical practitioner (or reasonable attempts have been made to do so)
  and
• it appears from her physical presentation that she is not pregnant.

Investigate and assess the concerns

Investigate and assess the likelihood that the  unborn child will be in need of protection after the child’s birth, including:

• the level and type of risk to the child after the birth
• the services that may assist the pregnant woman and, where relevant, her partner or the father of the unborn child, prior to the birth, to reduce the likelihood the child will be in need of protection.

Investigate and assess concerns about an Aboriginal or Torres Strait Islander unborn child

For an investigation and assessment in relation to an Aboriginal or Torres Strait Islander unborn child, advise the pregnant woman of her right to have an independent person help her participate in the investigation and assessment, including the decision about whether the unborn child will be in need of protection after he or she is born. 

If the pregnant woman consents, arrange for an independent person to assist her to participate in the decision making. In addition, determine whether the pregnant woman agrees to:

• the family’s participation in the investigation and assessment
  and
• the involvement of an independent person to assist the family to participate.

Record whether an independent person helped facilitate the participation of the pregnant woman and the unborn child’s family in the investigation and assessment in the Independent person form in ICMS.

If the Family Participation Program has not accompanied Child Safety on the initial home visit during an investigation and assessment about an Aboriginal or Torres Strait Islander unborn child:

• give the pregnant woman the brochure Family Participation Program – Working with you to help you lead decision making about your child and the contact details of the local Family Participation Program
• seek the pregnant woman’s agreement for the Family Participation Program to contact her to discuss their service and how it may support and assist her and the unborn child’s family during any future contact with Child Safety.

Refer to Engage the Family Participation Program.

Safety assessment

Do not complete a safety assessment for the investigation and assessment of an unborn child unless the child is born before the approval of the investigation and assessment.

Use the following to inform the assessment:

• the risk and protective factors relating to children, and in particular, those for high-risk infants. (Refer to the practice guide Infants at high risk.) 
• relevant information about cultural factors for Aboriginal and Torres Strait Islander children, gathered during the investigation and assessment.

Investigate concerns about an unborn child and their siblings

If an unborn child and their siblings are listed as subject children in a notification, investigate and assess the concerns specific to the unborn child, in addition to those relating to the siblings.

If it becomes apparent, during an investigation and assessment for a child, that the mother is pregnant, decide whether the unborn child will be recorded as a 'subject child' or an 'other child' in ICMS. If it is decided that the unborn child is a subject child:

• Investigate and assess the child protection concerns in relation to
  • the unborn child after the child's birth
    and
  • the siblings.
• Edit the approved notification to record the category as 'unborn’.

Take action when a pregnant woman cannot be interviewed

Where attempts to interview a pregnant woman have not been successful, other than when a pregnant woman cannot be located:

• Use the template Engagement letter – Aboriginal or Torres Strait Islander unborn child or Engagement letter – non-indigenous unborn child to provide written advice to the pregnant woman about
  • the investigation and assessment process, including Child Safety’s obligation to assess whether the unborn child will be in need of protection after the child is born
  • the pregnant woman’s rights
  • help and support the pregnant woman may access during pregnancy to decrease the likelihood the unborn child will be in need of protection after the child is born.
• Consider using the differential pathway contact with other professional. (Refer to Consider the differential pathway.)

If a pregnant woman cannot be interviewed because:

• she has exercised her right not to be interviewed after reasonable attempts have been made to engage her
  and
• the differential pathway cannot be used
  or
• the differential pathway was used, but the information provided by the other professional suggests increased risk to the unborn child after the child’s birth

take the following action:

• Record an unborn child alert on the person records of the pregnant woman and the unborn child.
• Complete an unborn child high risk alert. (Refer to Complete an unborn child high risk alert.)
• Keep the investigation and assessment event open in ICMS until the child is born and the investigation and assessment is completed.
• Seek information from external agencies during the pregnancy to inform the investigation and assessment.

Take action when a pregnant woman cannot be located

If the pregnant woman cannot be located after reasonable attempts have been made to locate her:

• Seek information during the pregnancy from external agencies to inform the investigation and assessment, if possible.
• Record an unborn child alert on the person records of the pregnant woman and the unborn child in ICMS.
• Complete an unborn child high risk alert. (Refer to Complete an unborn child high risk alert.)
• Keep the investigation and assessment event in ICMS open until either:
  • the child is born and the investigation and assessment is completed
  • 2 months have elapsed since the estimated date of delivery of the child and the woman has still not been located. In this circumstance:
    • complete a Record of actions—mobile family form in the investigation and assessment event in ICMS
    • record a no investigation and assessment outcome.

Complete an unborn child high risk alert

Complete an unborn child high risk alert when:

• a decision has been made by a senior team leader to delay contact with a pregnant woman
• a pregnant woman cannot be located after reasonable attempts have been made to locate her
• the pregnant woman could not be interviewed by Child Safety or another professional using the differential pathway.

To complete an unborn child high risk alert:

• Complete and forward
  • an HRA Form 1: Unborn child high risk alert to the hospital/s where the pregnant woman is likely to give birth. (Refer to the Queensland Health Unborn child high risk alert contact list.)
    and/or
  • a letter to the private or interstate hospital/s where the pregnant woman is likely to give birth. (Refer to the practice guide Respond to an unborn child.)
• In exceptional circumstances only, where the pregnant woman is highly mobile and it is not possible to identify the hospitals where she is likely to give birth
  • complete an email with the title Statewide HRA (to ensure the email is activated), attach the  HRA Form 1 and send the email to Statewide_HRA@csyw.qld.gov.au (this will ensure that the email will be sent to public hospital child protection staff throughout Queensland, and to the Mater Hospital
    and
  • send a letter to the private or interstate hospital/s where the pregnant woman may be likely to give birth (see note below).
• Telephone the hospitals to confirm receipt of the HRA Form 1 or letter and attach the form and letter to the investigation and assessment event in ICMS.
• Provide the CSAHSC with a Child Safety After Hours Service Centre: After hours referral form and all relevant information, including the HRA Form 1 and letter.
• Refer the matter to a SCAN team, if a coordinated multi-agency response is required. (Refer to the Consider a Suspected Child Abuse and Neglect team referral.)
• Record details of all actions taken in a case note in the investigation and assessment event.
• Record a Member of a mobile family alert on all relevant person records, where there is information to suggest the pregnant woman is highly mobile.
• Contact the pregnant woman's medical practitioner (if known) to
  • discuss the concerns identified
  • request that information be shared with relevant health professionals, such as the midwife or hospital social work services
  • ask that Child Safety be advised when the child is born.

Record the investigation and assessment outcome

For an unborn child, one of the following outcomes may be recorded:

• substantiated—child in need of protection, for an unborn child who is at risk of significant harm after birth and neither parent will be able and willing to protect the child from the harm
• unsubstantiated—child not in need of protection, for an unborn child who will not be at risk of significant harm after birth
• substantiated—ongoing intervention continues, for an unborn child who is already subject to ongoing intervention and will be at unacceptable risk of significant harm after birth
• unsubstantiated—ongoing intervention continues, for an unborn child who is already subject to ongoing intervention and will not be at unacceptable risk of significant harm after birth
• no investigation and assessment outcome, where a pregnant woman
  • advises she is no longer, or has never been pregnant and it has been confirmed with her medical practitioner (or reasonable attempts have been made to do so)
  • has not been located and two months have passed since the estimated date of delivery.

If an ‘unsubstantiated – child not in need of protection’ outcome is recorded for an unborn child, take no further action unless there are identified needs and the pregnant woman consents to receive support. In this case, make a referral to one of the following:

• an intensive family support service. (Refer to Procedure 1 Referral to another agency.)
• an Aboriginal and Torres Strait Islander Family Wellbeing Service, if the pregnant woman is an Aboriginal person or Torres Strait Islander (Refer to Procedure 4 Refer a family to an Aboriginal and Torres Strait Islander Family Wellbeing Service.)
• another agency that can offer the pregnant woman help and support.

Where a decision is made to record the investigation and assessment outcome as ‘substantiated – child in need of protection ’, consider whether to complete a HRA Form 1: Unborn child high risk alert based on:

• whether the pregnant woman has consented to a support service case (Refer to Provide a support  service case to a pregnant woman.)
• whether there are concerns for the immediate safety of the unborn child following their birth. (Refer to Immediate safety  concerns for a newborn child.)

If an Unborn child high risk alert is required to ensure Child Safety is immediately notified that a pregnant woman has presented to hospital for delivery, refer to Complete an unborn child high risk alert.

Take action after the child's birth

Take action following the birth of the child, depending on the case circumstances:

• Complete a safety assessment to determine whether the child is at immediate risk of harm. (Refer to Carry out a safety assessment.)
• Proceed with other outstanding actions to complete the investigation and assessment where it was not finalised during pregnancy.
• If an investigation and assessment completed prior to the birth had an outcome of substantiated—child in need of protection and a support service case is not currently open, either
  • consult the senior team leader and the OCFOS lawyer and commence the most appropriate type of ongoing intervention
  • record a notification if it is decided that an up-to-date risk assessment is needed.
• If there is an open support service case, review the support plan and decide how ongoing intervention will continue (if this did not occur before birth), either as intervention with parental agreement or as an application for a child protection order.

Complete an HRA form 3 to cease an alert

Complete and forward an HRA Form 3: Cessation of unborn child high risk alert (HRA Form 3) to all relevant hospitals when either:

• an HRA Form 1 has previously been sent to multiple hospitals and, following the baby's birth, the remaining hospitals need to be notified that an alert is no longer required
  or
• Child Safety has been informed that the pregnant woman has had a miscarriage or termination and the relevant hospitals need to be notified that an alert is no longer required.

In circumstances where a statewide alert to Queensland Health’s maternity hospitals was required before the baby’s birth and the HRA Form 1 was sent to all public hospitals and the Mater Hospital, complete an HRA Form 3 and forward it to Statewide_HRA@csyw.qld.gov.au when the alert is no longer required.

Also notify any private or interstate hospitals informed of the alert when the alert is no longer required.

Transfer the investigation and assessment

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

To transfer an investigation and 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 investigation and assessment
• make sure all information gathered as part of the investigation and assessment is recorded in ICMS as soon as possible
• reassign the investigation and assessment event to the receiving CSSC, including outstanding event 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 investigation and assessment
• ensure the subject children are sighted within one week
• complete the investigation and 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 investigation and assessment.

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

Record an alert

An alert is recorded when significant information relevant to an alert type is identified during the investigation and assessment for a child, their family or carer family. The following alerts are available in ICMS:

• Carer application refused
• Carer certificate of authority cancelled/suspended
• CCYPCG—Blue card declined. (This alert refers to a decision to refuse a person’s Blue Card application. The decision was previously the responsibility of the CCYPCG and is now the responsibility of Blue Card Services.  The name of the alert in ICMS has not yet been updated.)
• Child death—result of harm
• Child protection warrant
• Child seriously injured—result of harm
• Conflict based placement concern
• Deceased—other (for example, as a result of accidental death, disability or illness)
• Experienced detriment by department—Policy 634
• Harm report
• History of parents taking children without authority
• Member of a family—child death—result of harm (for example, a member of a family where a child has died as a result of abuse or neglect)
• Member of a family—child seriously injured—result of harm
• Member of a mobile family
• Missing child
• Risk to staff
• Self harm risk
• Serious health condition
• Significant DFV threat
• Suicide risk
• Unborn child.

Record an alert for significant domestic and family violence

Consider recording a ‘Significant DFV threat’ alert when one or more of the following domestic and family violence risk factors are identified within the family:

• a victim believes their life is in danger
• a perpetrator has caused serious injuries that require hospitalisation or assessment and treatment at a hospital emergency department
• strangulation, stabbing or choking has been perpetrated
• there has been an escalation of physical violence
• the perpetrator has a history of incarceration for breach of a domestic violence order, physical assault, grievous bodily harm, torture or deprivation of liberty
• the perpetrator has a history of breaches of domestic violence orders—failure to comply with a domestic violence order
• there are previous or current threats by the perpetrator to kill the victim, a child, other family member or pets
• the perpetrator has access to or possession of a firearm
• the perpetrator has a history of stalking or obsessive behaviour
• the perpetrator’s behaviour includes a pattern of coercion and control, for example, extreme isolation of the victim or the perpetrator accompanying the victim at all times when in public.

To record a Significant DFV threat alert:

• Create an alert in the ICMS client profiles of the:
  • perpetrator
  • victim
    and
  • child.
• Record the name and client profile number of the victim and child in the rationale field of the perpetrator’s alert.
• Record the name and client profile number of the perpetrator in the rationale field of the victim’s and child’s alerts.
• In each alert, also record either:
  • where to locate the assessment of the perpetrator’s pattern of behaviour, for example, the event number
    or
  • if there is no assessment, a brief summary of the coercive and controlling behaviours and the specific worries for the safety of the victim and child.

Record a separate alert each time the person has perpetrated domestic and family violence and been assessed as posing a significant threat to more than one victim. This will enable the perpetrator’s behaviour to be tracked over time and across multiple families.

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 investigation and 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 ICMS on the person record 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 investigation and assessment event in ICMS, including:
  • attempts made to locate the family and carry out the investigation and 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 investigation and assessment within 2 months and record a no investigation and assessment outcome for each subject child.

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

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

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

If, during an investigation and assessment, a parent refuses entry to the home, or contact with the child:

• Make every attempt to gain the parents’ consent to carry out the investigation and assessment.
• Explain the legal obligation of Child Safety to investigate and assess 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 investigation and 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 and the OCFOS lawyer about taking action under the Child Protection Act 1999  to enable the investigation and 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 a court assessment order. (Refer to Respond if a parent will not consent to actions required—court assessment order.)

Request assistance from another jurisdiction

Investigation and assessment - address known

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

• contact the Interstate Liaison (IL) 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 IL team at ILO@csyw.qld.gov.au.

The IL team will:

• forward the documentation to the IL team in the jurisdiction where the parent lives and request that the jurisdiction assists with interviewing the identified parties  
• follow up with the IL 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 IL team will obtain from them a record of the interviews conducted. If the other jurisdiction does not agree to assist, the IL 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 investigation and 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 investigation and assessment event in ICMS, in line with usual investigation and assessment processes, noting that an interstate referral was made. (Refer to Finalise the investigation and assessment.)

Investigation and assessment - address unknown

If the whereabouts of the family in another jurisdiction is unknown, forward a request for an interstate alert to the IL 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 IL team immediately.

Respond to a request for assistance from another jurisdiction

If another state, territory or New Zealand requests case work assistance from Queensland to complete an investigation and assessment being conducted by that jurisdiction, the IL team will:

• ensure the relevant documentation is received, including the current Queensland address, history checks and notification information from the other jurisdiction
• ensure that the other jurisdiction has specified the tasks to be completed
• forward all relevant documentation to the relevant CSSC for action.

The receiving CSSC will:

• allocate the matter
• seek clarification, as necessary, with the requesting office in the other jurisdiction
• complete the tasks as requested
• send a written report to the IL team for forwarding to the other jurisdiction.

Concerns about a child’s discharge from a hospital

Respond to a doctor’s concerns about a child’s immediate safety upon discharge from a hospital

If a child is subject to an open investigation and assessment and a Queensland Health doctor contacts the CSSC with concerns about the immediate safety of a child upon discharge:

• seek as much information as possible about the reasons for the doctor’s concern
• collaborate with the doctor to decide what action is required to ensure the safe discharge of the child
• carry out a safety assessment for the child, or review the current safety assessment, if applicable.

If, after consultation with RIS or CSSC staff, the doctor remains concerned about Child Safety’s response and the immediate safety of a child upon discharge, they may initiate the discharge escalation pathway for a child at risk.

Advise the CSSC manager immediately if the doctor indicates the discharge escalation pathway is likely to be initiated.

The discharge escalation pathway consists of two steps:

• an emergency case conference to enable a coordinated response to the immediate safety needs of the child upon discharge
  and
• a formal escalation when the emergency case conference is unable to resolve the concerns.

For more information, refer to the practice guide Queensland Health discharge escalation pathway.

Respond when the discharge escalation pathway is initiated

To initiate the discharge escalation pathway, the doctor will contact the senior team leader and advise that there will be an emergency case conference to coordinate a response to the immediate safety needs of the child upon discharge. 

The senior team leader will immediately advise the CSSC manager that the discharge escalation pathway has been initiated.

The emergency case conference may be either:

• an emergency SCAN team meeting, when the criteria for a SCAN referral is met
  or
• an inter-agency meeting, when the criteria for a referral to the SCAN Team is not met, or an after hours response is required.

The emergency case conference will occur as soon as practicable and within 24 hours, to discuss:

• the doctor’s concern for the child’s immediate safety
• the Child Safety assessment and response to the child’s immediate safety needs
• where the child will be going when they are discharged from hospital and what arrangements may have been made to ensure the child’s immediate safety
• how long the child will be staying in hospital
• professional visiting arrangements and
• whether a further review is required.

Request to attend an emergency SCAN team meeting

A Queensland Health SCAN team core member representative may request an emergency SCAN team meeting for the purposes of initiating the discharge escalation pathway.

When this occurs, follow existing SCAN team processes. (Refer to the Suspected Child Abuse and Neglect (SCAN) Team System Manual. )

The CSSC manager is required to attend this meeting, in addition to the nominated Child Safety SCAN team core member representative.

Request to attend an inter-agency meeting

When the matter does not meet the criteria for a referral to the SCAN team, or an after-hours response is required, the Queensland Health doctor will contact the relevant senior team leader to invite the senior team leader and CSSC manager to attend an inter-agency meeting. 

The senior team leader and CSSC manager must attend this meeting and may invite other Child Safety staff or service providers engaged with the child and family to contribute to the discussion.

When an inter-agency meeting is scheduled outside of business hours, the CSAHSC senior team leader will attend.

Queensland Health will invite stakeholders who are engaged with the child’s care and discharge planning, such as the doctor, child protection liaison officer, child protection advisor and other relevant allied health staff.

The inter-agency meeting will be chaired by a Queensland Health representative and formal minutes will be recorded.

The CSSC manager will advise the regional director immediately if the doctor indicates a formal escalation is likely to be initiated.

Respond to a formal escalation

A formal escalation may occur when a child is medically fit for discharge and either:

• an emergency case conference has occurred, and the doctor is still concerned about Child Safety’s decision making and the immediate safety of a child upon discharge from a hospital
  or
• the CSSC manager has not responded within the 24 hour timeframe to a request for an emergency case conference.

To initiate a formal escalation, the doctor’s line manager (or a nominated escalation position within the relevant hospital and health service) will contact the Child Safety regional director to:

• discuss the immediate safety concerns for the child and the Child Safety response and
• consider further actions and make decisions as required.

If this occurs outside of business hours, Queensland Health will contact the CSAHSC senior team leader to formally escalate the concerns, consider further actions and make decisions as required. If they are unable to contact the senior team leader by phone, they will send an email to CSAHSC (csahscintake@cyjma.qld.gov.au) requesting an urgent call back advising:

• a formal escalation has been initiated
• contact details for a return phone call, and
• a summary of the presenting issues.

The nominated escalation position and the regional director or CSAHSC senior team leader have the authority to consider further actions and make decisions as required.

End the escalation process

If a child is discharged by the Queensland Health treating team or self-discharges at any point during the process, the discharge escalation pathway ceases.

If a child is discharged, the doctor must advise Child Safety of:

• the date and time the child was discharged
• the name and address of the person the child has been discharged to, if known
• the discharge summary, recommended follow up and risks relevant to the child’s safety and wellbeing needs, and
• any other information relevant to the safety and best interests of the child.

When advised that a child has been discharged from hospital, take action to ensure the child’s immediate safety.

Respond if a person may have been a victim of violence

If information is gathered during the investigation and assessment that indicates a child or family member may have been injured as a result of an act of violence, give them one or more of the following, in line with Child Safety’s responsibility under the Victims of Crime Assistance Act 2009:

• the Victim Assist Queensland telephone number−1300 546 587 or email victimassist@justice.qld.gov.au 
• the Victim Assist Queensland website details
• a copy of the Victim Assist Queensland brochure.

After giving the information record the following in a ‘victim of crime’ case note in the investigation and assessment event in ICMS:

• that the child or family member has been identified as possibly being a victim of an act of violence
• that information about how to contact Victim Assist Queensland has been provided.

Respond if a person has been a victim of sexual abuse 

If a parent (over the age of 18), adult household member or another adult  discloses being a victim of sexual abuse as a child during an interview, ask the adult if the information has been reported to the QPS or if they want the information reported to the QPS.

If the adult wants the information reported:

• complete the form Adult as a victim of alleged sexual offence, including details of who the information was reported to and in what format
• save the completed form in the iDOCS location ‘DCSYW>Region management>Shared DCSYW>01 CS Reporting’ in the folder ‘Form – Adult as a victim of alleged child sexual offence’.

If the adult advises that the information has already been reported to the QPS or they do not want the information reported:

• complete the form Adult as a victim of alleged sexual offence 
• save the completed form in the iDOCS location ‘DCSYW>Region management>Shared DCSYW>01 CS Reporting’ in the folder ‘Form – Adult as a victim of alleged child sexual offence’.

Respond to a request for notifier information from police

The disclosure of notifier information can occur in limited circumstances, such as where it is necessary to ensure the safety, wellbeing or best interests of a child (Child Protection Act 1999, sections 186A and 186B).

The QPS or a police officer from another jurisdiction may request notifier information to:

• enable them to carry out a function under the Child Protection Act 1999
• perform an enforcement action (prevent, detect, investigate, prosecute or punish) relating to a criminal offence against a child.

Respond to a request for information to perform a function under the Child Protection Act 1999

If the QPS or a police service in another jurisdiction request notifier information to enable them to perform a function under the Child Protection Act 1999, a CSSC manager, RIS manager or CSAHSC manager will:

• seek the regional director’s approval to provide the information
• provide the regional director with information about
  • why notifier information may need to be provided to police, including the function the police need to perform
  • whether there is another way the police can perform the function without the notifier’s information being disclosed
  • whether there is another way police can obtain the information they seek from the notifier (for example, the CSO recontacting the notifier to obtain information the QPS requires).

To decide whether to approve the release of the notifier information, the regional director will consider:

• if disclosing the notifier information is necessary for the police, to perform the relevant function under the Child Protection Act 1999 and
• whether the disclosure would promote the safety, wellbeing and best interests of a child.

The CSSC manager, RIS manager or CSAHSC manager will advise the police of the regional director’s decision.

If the regional director approves the release of notifier information to the police, the CSSC manager, RIS manager or CSAHSC manager will:

• provide the information to the police, limiting the information to the extent it is necessary for the police to carry out their function under the Child Protection Act 1999
• record that the information has been provided in the intake event in ICMS.

Respond to a request for information to perform an enforcement action

If the QPS or a police service in another jurisdiction request notifier information for the prevention, detection, investigation, prosecution, or punishment of a criminal offence against a child (an enforcement action), advise the police officer:

• the request must be provided in writing by a senior police officer (of at least the rank of sergeant)
• the request must specify that notifier information is being requested in accordance with the Child Protection Act 1999, section 186B (for an enforcement action), including whether the request is time sensitive
• to send the written request to either
  • the office of the regional executive director in the relevant region, for requests during business hours
  • CSAHSC, where the request is urgent and outside of business hours.
• the regional director (or other authorised person, if applicable) will
  • consider whether the disclosure is necessary to ensure the safety, wellbeing or best interests of a child
  • respond to the request in writing, in a timely manner
  • advise the reason for the decision, if the regional director decides not to disclose the notifier information
•  if notifier information is disclosed, the regional director or another person authorised under the Child Protection Act 1999, section 186B(2) will inform the notifier of this as soon as practicable, unless
  • it is not possible or practical to inform the notifier (for example, the notifier’s contact details are unknown or unable to be obtained) or 
  • informing them may prejudice the enforcement action (Refer to Inform a notifier their information has been disclosed).

Inform a notifier their information has been disclosed

As soon as practicable and at the request of the regional director, an authorised person must inform a notifier their information has been disclosed to a senior police officer, (Child Protection Act 1999, section 186B(2)), unless the regional director decides:

• it is not practicable to do so (for example, the notifier’s contact details are unknown or unable to be obtained), or
• doing so would, or would be likely to, prejudice an enforcement action.  

After a notifier has been informed their information has been disclosed, an authorised person will:

• record that the information has been provided in the intake event in ICMS and 
• advise the regional director the notifier has been informed.   

Young person in contact with the youth justice system

When investigating and assessing concerns about a child who is also in contact with the youth justice system, contact the youth justice case worker to:

• gather information to inform the assessment
• verify information provided by the child and parents during interviews
• share relevant information, for the purpose of coordinating service delivery
• advise that the child has been placed in care, if applicable.

A youth justice case worker may act as a support person for the child during an interview or investigation and assessment process, if requested by the child or their family. If a request is made, contact the relevant Youth Justice Service Centre to advise them of the request and discuss whether it is appropriate for a youth justice officer to participate in the process.

Any involvement by youth justice in the implementation or monitoring of an immediate safety plan for a child is to be negotiated by Child Safety with the youth justice case worker or their line manager.

If a child in contact with the youth justice system is taken into the custody of the chief executive, contact the youth justice case worker and:

• tell them who has custody and guardianship rights and responsibilities for the child
• explain the implications for decision making about custody and guardianship matters. (Refer to Procedure 5 Decision making for a child.)
• if a child is an Aboriginal or Torres Strait Islander child, tell the child they have the right to have an independent person to help facilitate their participation in significant decisions made by Child Safety, if relevant. If they consent, arrange for the independent person’s involvement. (Refer to Procedure 5 Enable participation of Aboriginal and Torres Strait Islander peoples in decision making.)
• coordinate service delivery for the period that the young person is in care.

If the matter is referred to the SCAN team, the youth justice case worker may be invited by the SCAN team to participate in the meeting as an invited stakeholder.  Refer to the Suspected Child Abuse and Neglect (SCAN) Team System Manual for how to make a referral to a SCAN team and how to invite a stakeholder.

If youth justice remains involved with the child when the investigation and assessment is completed, contact the youth justice case worker and provide the following information:

• the outcome of the investigation and assessment
• whether the child is in the care of the parents
• the nature of any ongoing intervention by Child Safety.

Fabricated or induced illness

If concerns about fabricated or induced illness are identified during the investigation and assessment:

• immediately give the information to the QPS (Child Protection Act 1999, sections 14(2) and (3))
  and
• consult the QPS before taking further action to complete the investigation and assessment. 

Adopted child

If it is identified that the child is adopted, at the completion of the investigation and assessment, consider referring the family to either Adoption and Permanent Care Services or Post Adoption Support Queensland (PASQ), if the child or their family may benefit from specialised counselling. (Refer to Post Adoption Support Queensland (PASQ).)

Animal welfare issues

Discuss any animal welfare issues identified during the investigation and assessment with the family.

The Memorandum of Understanding between The State of Queensland, through Department of Communities (Child Safety) and The Royal Society for the Prevention of Cruelty to Animals, Queensland 2012–2014 includes information about when Child Safety will:

• give families information about the RSPCA
• contact the RSPCA directly with the family’s consent.

If it becomes apparent that an animal has harmed a child or presents a risk to the safety or wellbeing of a child:

• Advocate and promote the RSPCA to the parents.
• Encourage the family to:
  • use the RSPCA as a support service to reduce the risks that the animal poses to the child
  • consent to Child Safety contacting the RSPCA on behalf of the family
  • inform the RSPCA of the animal welfare concerns, but only if the family does not take steps to address animal welfare concerns that pose a safety risk to the child. If requested, the RSPCA will re-contact Child Safety and advise if they took action.

If referring the family to a support service, seek the parents’ consent to include information about the animal welfare issues in the referral.

If animal welfare issues are identified that are not related to child protection concerns:

• give the family information about the RSPCA and encourage them to seek support
• do not give information to the RSPCA without the family’s consent.

If a family is not able to provide care and accommodation for their animals:

• provide the family with information about the RSPCA
• encourage the family to use the RSPCA as a support service.

Breaches of pool fencing requirements

If obvious or blatant breaches of pool fencing requirements are noticed during the investigation and assessment (for example, unfenced access points or a broken fence or gate):

• Discuss the safety risks and water safety strategies with the parents.
• Report the issue to the relevant local authority responsible for assessing pool fencing compliance, providing only:
  • the property address
  • the nature of the issue relating to the pool fence.

Family subject to the Witness Protection Program

At times, families subject to a Witness Protection Program through any one of the state or territory police services may reside in Queensland and be the subject of a notification. These families have a heightened need for confidentiality, due to the importance of protecting their identity, whereabouts and personal safety.

Witness protection in Queensland is administered by the Crime and Corruption Commission, but is operationalised by the QPS Witness Protection Unit.

If it becomes known during an investigation and assessment that a family is subject to witness protection:

• Liaise with the QPS to ensure the best response to these complex and sensitive matters. Contact the Communications Room, QPS on telephone (07) 3360 6325 and ask to speak to either:
  • the Officer in Charge, QPS Witness Protection Unit
  • the Operations Coordinator, QPS Witness Protection Unit.
• Ensure Child Safety meets the legislative responsibility to investigate the child protection concerns.
• Consider whether sensitivity needs to be applied to the relevant person profiles or events in ICMS. (Refer to the ICMS Manual sensitivity overview.)

Respond when staff are video or audio recorded while performing work duties

There might be times when a person working with Child Safety wishes to record a telephone or in person conversation with Child Safety staff, in order to be clear about  what has been said or for possible use in future proceedings. 

Any person has the legal right to record a conversation that they are a part of, with or without the consent or knowledge of the other person, however, they are not allowed to communicate or publish any part of the recording to any person (except in accordance with provisions in the Child Protection Act 1999 or the Invasion of Privacy Act 1971.)

If a Child Safety staff member becomes aware that they are being video or audio recorded while in the workplace (for example, a CSSC, RIS or other Child Safety office):

• have a discussion with the person about the reason for the recording to determine if there is anything that can be done to assist them with the information they require
• respectfully advise the person that while recording the conversation is legal
  • it is an offence to publish information that leads to the identification of a child known to Child Safety (Child Protection Act 1999, section 189) 
  • circulating or placing video or audio footage which identifies a child as being known to Child Safety, in an accessible public place or on the internet, is a breach of the confidentiality provisions of the Child Protection Act 1999 
  • committing an offence under the Child Protection Act 1999 could result in the person being liable for prosecution and punishment by way of fine or imprisonment
• seek assistance from a senior team leader, senior practitioner, or other staff member if there are any concerns about proceeding with the conversation
• if the person chooses to continue recording, ensure the discussion occurs in an appropriate setting, for example, an interview room in the CSSC
• continue the conversation. (Refer to the brochure Let’s treat each other with respect.)

If a Child Safety staff member becomes aware that they are being video or audio recorded while performing work duties outside of the workplace, for example, during a home visit:

• seek advice from a senior team leader, senior practitioner or other staff member where there are concerns about proceeding with the discussion or interview
• respectfully advise the client of the information about the confidentiality provisions under the Child Protection Act 1999 (outlined above), prior to continuing with the discussion or interview
• continue the conversation. (Refer to the brochure Let’s treat each other with respect.)

When a Child Safety staff member is aware that an interview or discussion has been video or audio recorded, record the information in a case note in ICMS, including what  information was provided regarding the confidentiality provisions under the Child Protection Act 1999.

Respond to a video or audio recording being posted online

 If a Child Safety staff member becomes aware that an online post or information that has been published may amount to a publication that breaches the Child Protection Act 1999, section 189, brief Legal Services on the nature of the alleged breach so the appropriate course of action can be determined.