Respond to specific carer assessment and approval matters

Respond when an approved kinship carer requires assessment for another child

The Child Protection Act 1999, section 133(7), states that kinship carers are issued a certificate of approval to provide care to only one child. If the CSSC is considering placing another child who is kin with the approved carer, use the Approved kinship carer—subsequent initial application and assessment—Form 3D to document the application and assessment.

The streamlined carer assessment for approved kinship carers will focus on:

• the kinship relationship between the carer and the child
• the carer’s ability to achieve case plan goals for keeping the child safe.

This requires updated information to inform the decision to approve or refuse the application, including information about:

• changes to the carer’s personal circumstances since the previous carer assessment report, including adult household members and their current blue card number (refer to Respond to a new adult household member)
• the views of the child about the proposed care arrangement, refer to Obtain the views of the child and parents
• the views of the CSO and the foster and kinship care service provider who have been in contact with the carer since the previous assessment (and information about the frequency and nature of their contact)
• the additional supports the carer may require to meet the needs of the child.

Unless indicated by the applicant’s circumstances, there is no requirement to complete another Carer health and wellbeing questionnaire.

Provide the completed Approved kinship carer—subsequent initial application and assessment—Form 3D to the CSSC manager, as the delegated officer to decide the application. Refer to Decide the outcome of the application.

Respond to changes in a carer’s circumstances

An approved carer’s circumstances may change at any time during the period of their approval. The Child Protection Act 1999, sections 141E, 141F and 141G, requires approved carers, including provisionally approved carers, to immediately notify Child Safety in writing:

• of a change of address
• of a change in spousal relationship, for example, separation, divorce, new partner or death of a partner
• of a change in the carer’s criminal or traffic history, including being charged with an offence
• when there has been, or the carer suspects there has been, a change in the criminal or traffic history of a household member
• if a carer or a household member has been the aggrieved or a respondent in a domestic and family violence matter
• of a change in other personal circumstances, for example, significant health issues or excessive employment demands
• of a change of people living in the carer household or otherwise regarded as an adult household member, excluding children in care
• of an intention to provide care for other children in their home, for example, as a family day care educator or through the provision of informal care of children.

Take action when advised of a change in carer circumstances

Upon receipt of this information from an approved carer, the CSSC or PSU will:

• consider whether a review of the foster carer agreement is required—refer to Consider an additional, early review of the foster carer agreement
• consider whether a review of the carer’s suitability is required. (Refer to Review carer suitability)
• update records in ICMS, as appropriate
• forward a copy of the completed Change in carer circumstances form to the CSU, except when the change relates to personal circumstances involving health or employment demands.

Address changes

When a carer advises Child Safety that they have changed their primary place of residence:

• Update the address details in ICMS.
• Advise the CSSC business support team of the carers change of address to enable this information to be amended in the vendor and customer master data in the financial accounting system (SAP). 
• Ask the foster and kinship care service to complete a new Household safety study and submit the form to the CSSC manager.

Respond to a new adult household member

During routine contact with the carer or a child in the care arrangement, Child Safety or foster and kinship care services staff may become aware of changes, or proposed changes, in the membership of an approved carers household (excluding children placed by Child Safety). In this situation:

• Tell the carer of their legal obligation under the Child Protection Act 1999, section 141G, to immediately provide this information to the CSSC in writing, using the Change in carer circumstances – Form 39.
• Advise the carer, and where possible the new or proposed household member, the person may be considered an adult household member under the Child Protection Act 1999, schedule 3, and if so, they will need to:
  • complete the New adult household member form and provide this to the CSSC
  • tell the proposed household member they are required to be issued with a blue card or exemption card from Blue Card Services (if they are not a current card holder) before joining the carer household.
• Remind the carer to tell the CSSC in writing when the person ceases being an adult household member, using the Change in carer circumstances form.

Gather information about the adult household member

An adult household member is not limited to arrangements where a person is living in the carer household permanently or on a continuing basis, as their primary residence.

Consistent with the definition in the Child Protection Act 1999, schedule 3, an adult household member may include a person who:

• is a regular and frequent visitor to the carer household, such as a family member or friend of the carer, but has their own separate primary residence
• is a new spouse or partner of the carer and lives in the carers premises (refer to Change in carer relationships—new spousal relationship, for additional information)
• is in a relationship with the carer, and stays regularly at the carers house, but not full time
• comes to the carer household as a once-off short-stay guest, but extends this live-in arrangement
• lives in a separate structure on the carers premises, such as a caravan or granny flat, or is living in the carer’s house as a tenant or boarder
• has been living in the carer household as a child, and has just turned 18, and intends to continue living at the premises (including a child placed by Child Safety), or will be a regular and frequent visitor.

Explore with the carer, and where possible with the proposed adult household member, the nature or likely nature, of their contact with a child who is placed, or will be placed, with the carer by Child Safety.

Provide all information obtained about the person’s contact with the carer household, to the CSSC manager, to assist their decision making about whether they are an adult household member.

Following the CSSC managers decision that the person is an adult household member, take the following actions:

• Support the proposed adult household member to apply for a blue card. (Refer to Ensure blue card applications are lodged.)
• Create a person record for the adult household member.
• Attach the completed New adult household member form, and blue card the adults blue card or exemption card number to the EOI/application in ICMS, or the blue card applicants account number provided by the Department of Transport and Main Roads (TMR) through the blue card registration process, and immediately.
• Email the CSU to advise of the availability of documentation in ICMS so that personal history checks will be conducted.

Change in carer relationships—new spousal relationship

A carer living with their spouse may only hold a certificate of approval jointly with their spouse. (Refer to the Child Protection Act 1999, sections 132(3) and 136B.)

Carers must advise Child Safety if they intend to start living with a spouse or wish to hold a joint certificate with another adult, for example, their adult son or daughter.

Prior to the spouse or another adult joining the household:

• Ensure the carer and their spouse or other adult submit a joint initial application for approval as foster or kinship carers. The carer’s existing certificate of approval remains in place until the outcome of a joint application is decided.
• Ensure the spouse or another adult applies for a blue card or exemption card prior to moving into the household (refer to Ensure blue card applications are lodged.)
• Progress the application in accordance with the usual assessment process; however, the original approved carer will not require personal history checks and will not need to repeat mandatory training—Getting ready to start and Starting out foster care training.

If the initial carer application is approved:

• Issue the carers with a new joint certificate of approval.
• Request the return of the previous certificate of approval.
• Update the carer’s details in ICMS.
• End the existing carer entity approval in ICMS with an end reason of Surrendered, as a new joint carer entity will automatically be created in ICMS upon approval.
• Ensure any existing care arrangements are updated in ICMS to reflect the new carer entity.
• Finalise a new Foster carer agreement, submitted at the time of approval by the assessor or foster and kinship care service.
• Review the placement agreement for any child in the care of a kinship carer, taking into consideration any changes to the support needs for the carer.

• If a provisionally approved carer advises that they intend to live, or have started living, with a spouse, the carer’s provisional approval certificate continues to have effect until whichever of the following occurs first:

• The provisional approval certificate expires.
• The provisionally approved carer is issued with a certificate as a foster or kinship carer.
• The provisionally approved carer is given written notice that their application has been refused.

Change in carer relationships—ending of a spousal relationship

If a spousal relationship ends, tell the carer of their legal obligation under the Child Protection Act 1999, section 141G, to immediately provide this information to the CSSC in writing, using the Change in carer circumstances – Form 39.

If only one of the carers wishes to continue as a carer, the carer must apply in writing to the CSSC manager for an amendment to their certificate of approval. This includes if a spouse dies.

When a carer applies for an amendment to their certificate following the ending of a spousal relationship, Child Safety must make a decision on whether to grant or refuse the application for amendment within 28 days of receiving the request.

If necessary, meet with the carer to discuss the matter before the 28-day period has lapsed. The existing certificate of approval remains in place until the application for amendment is decided.

To process the requested amendment:

• Create a new EOI/application for an amendment to certificate from the existing carer entity record and select the relevant carer requesting the amendment.
• Assess how the new circumstances of the applicant will impact on any children in their care.
• Record assessment information and the assessment recommendation details in the assessment tab in ICMS.
• Record the amendment submission details and amendment outcome details in the approval/refusal tab in ICMS.

If a certificate of approval is amended, the new carer entity will automatically be created in ICMS and the original carer entity approval status will automatically be ended with the end reason as Surrendered.

If the requested amendment is approved:

• The CSSC manager will provide written notice to the carer using the Letter of outcome of application to amend, and advise:
  • that their request for an amendment has been granted
  • that a certificate of approval has been amended
  • that the amended certificate of approval takes effect on the day the CSSC manager gives notice to the carer that the amendment has been granted, or a later day, if stated in the notice
  • that the carer must deliver the original certificate of approval to the CSSC within a specified timeframe, which must not be less than 7 days from the date of the notice.
• Provide the carer with a new certificate of approval. The details, including the date of expiry and any existing conditions, must match the details on the original certificate of approval.
• Retain a copy of the new certificate of approval on the carer's file and provide a copy to the foster and kinship care service, if applicable.
• Ensure any existing care arrangements in ICMS are updated to reflect the new carer entity.
• Ask the foster and kinship care service to complete a new Foster carer agreement, where applicable.
• Review the placement agreement for any child in the care of a kinship carer, where applicable.

If the requested amendment is refused, written notice using the Letter of outcome of application to amend must be provided to the carer within 10 days of the decision being made (Child Protection Act 1999, section 137). The notice must:

• state the reasons for the decision
• advise that the carer has the right to have the decision reviewed by the Queensland Civil and Administrative Tribunal (QCAT) if an application can be made within 28 days.

If an amendment is approved and the carers are also long-term guardians or permanent guardians of one or more children:

• Manually recreate the joint carer entity for the long-term guardians with an approval type of Long-term guardian or Permanent guardian in ICMS.
• Enter the original long-term guardianship or permanent guardianship start and end dates into the approval details in ICMS.
• Include a comment in the approval details explaining that the long-term guardianship or permanent guardianship approval was recreated due to it being surrendered following an amendment to the carer’s certificate.

When both carers wish to be individually approved as a carer, each of them must submit an Application for initial approval—Form 3A (APA initial). The existing certificate of approval remains in place until their individual applications are decided. The carers will not be required to repeat mandatory training—Getting ready to start and Starting out foster care training.

The approval decision will include an assessment of how the new circumstances of the applicant will impact on their ability to meet the safety, belonging and wellbeing needs of any children in their care.

If the applications are approved, issue each individual carer with their own certificate of approval and ask the foster and kinship care service to complete a new foster carer agreement for each foster carer. For kinship carers, review the placement agreement for the child in their care.

Personal history changes

Carers are required to advise Child Safety of:

• any changes to their personal history
• changes or suspected changes to the personal history of any adult household member.

Provision of other regulated services from the home

Foster or kinship carers may be approved to provide more than one regulated care service from their home, such as family day care or a stand-alone service, such as child care that is regularly provided for children under 13 years for a fee or reward. Depending on the type of care provided, they may be caring for:

• no more than 7 children at any one time, through family day care

• no more than 6 children under the age of 13 at the same time, as stand-alone care
• no more than 4 children can be preschool age or under.

If a foster or kinship carer advises Child Safety that they are approved to provide another regulated service from their home, this information will be consider when assessing their initial or ongoing suitability to be approved as a foster or kinship carer.

If a carer advises Child Safety that they are approved to provide another regulated care service from their home, inform the carer that they are required to provide the following information to Child Safety:

• The type of regulated service (family day care or stand-alone care) being provided.
• The name of the family day care provider with which the family day care educator (the carer) is affiliated.
• The number of children at the residence and the number of children they are approved for.
• The ages of children at the residence, including the ages of the children they are approved to provide care for.

This information will enable the identification, assessment and discussion of any likely impact the provision of other services may have on the quality of services provided to children, and on the ability of the applicant to meet suitability requirements.

Additionally, for family day care educators, the educator’s own children and any other children at the residence are also to be taken into account if those children are under 13 years of age and there is no other adult present and caring for the children. (Children being cared for in foster or kinship care should be included in these numbers of children.)

When a carer has advised Child Safety that they are providing a regulated care service from the home:

• Update the change in circumstance details in ICMS.
• Assess the information provided by the carer and consider whether a review of the carer’s suitability and capacity to provide quality care is required.
• Contact the family day care provider with which the family day care educator (the carer) is affiliated and advise them that the carer is also a foster/kinship carer. Provide details of their approval status (foster or kinship carer), the number of children placed and their ages.
• Review the Foster carer agreement (for a foster carer) or placement agreement (for a kinship carer), if required.

Respond when a carer’s certificate of approval requires amendment, suspension or cancellation

Under the Child Protection Act 1999, Child Safety will consider whether a carer’s certificate of approval needs to be amended, suspended or cancelled, in circumstances where a carer:

• is not meeting the legislated statement of standards
• is not meeting a condition of the certificate of approval
• requests an amendment or agrees to an amendment
• has contravened a provision of the Child Protection Act 1999
  or if:
  • the certificate of approval was issued because of a materially false or misleading representation or declaration (either orally or in writing)
  • it is considered necessary or desirable because of a circumstance prescribed under a regulation.

Consider an amendment requested by a carer

Any application by a carer to amend their certificate of approval must be made in writing.

Child Safety must make a decision on whether the proposed amendment is necessary within 28 days of receiving the request. If necessary, meet with the carer to discuss the matter before the 28-day period has lapsed.

If the CSSC manager decides the proposed amendment is necessary, they will:

• provide written notice to the carer using the Letter of outcome of application to amend, and advise:
  • that the request for an amendment has been granted
  • the details of the amendment that has been made
  • that their certificate of approval has been amended
  • that the amended certificate of approval takes effect on the day the CSSC manager gives notice to the carer that the amendment has been granted, or a later day, if stated in the notice
  • that the carer is required to deliver the original certificate of approval to the CSSC within a specified timeframe, which must not be less than 7 days from the date of the notice (Child Protection Act 1999, section 141)
• provide the carer with a new certificate of approval that incorporates the amendment. All other details, including date of expiry and any existing conditions, must match the details on the original certificate of approval
• retain a copy of the new certificate of approval on the carer's file and provide a copy, where relevant, to the relevant foster and kinship care service.

If the proposed amendment is not considered necessary, the application for amendment must be refused and a written notice using the Letter of outcome of application to amend must be provided to the carer within 10 days of the decision being made. (Refer to the Child Protection Act 1999, section 137.)

The notice must:

• state the reasons for the decision
• advise that the carer has the right to have the decision reviewed by the Queensland Civil and Administrative Tribunal (QCAT) if an application is made within 28 days.

Initiate an amendment

If the CSSC manager decides that an amendment to a carer’s certificate of approval is warranted:

• Relevant Child Safety practitioners must meet with the carer to discuss the reason for the amendment and explain the process.
• The CSSC manager must provide written notice to the carer using the ICMS Letter of proposed amendment, and state:
  • the proposed amendment and the grounds for the amendment
  • the facts and circumstances forming the basis for the grounds
  • that the carer may make written representations to the CSSC manager within 28 days (or longer, if determined by the CSSC manager) to show why the certificate of approval should not be amended.

If, after considering any written representation by the carer, the CSSC manager still considers an amendment to the certificate of approval necessary, the carer must be provided with written notice of the decision within 10 days of the decision using the Letter of amendment. The notice must:

• state the reasons for the decision
• advise that the amended certificate of approval takes effect on the day the CSSC manager gives notice to the carer of their decision, or a later day, if stated in the notice
• advise the carer that they must deliver the original certificate of approval to the CSSC within the requested timeframe, which must not be less than 7 days (Child Protection Act 1999, section 141)
• advise that the carer may have the decision reviewed by QCAT if an application is made within 28 days.

After providing written notice to the carer of the decision to amend the certificate of approval:

• Issue a new certificate of approval that incorporates the amendment and provides all of the details that were recorded on the original certificate, including the date of expiry and any existing conditions.
• Retain a copy of the new certificate of approval on the carer's file and provide a copy, where relevant, to the foster and kinship care service.

If, at any stage of this process, the CSSC manager decides not to proceed with the amendment, they must provide written notice to the carer of their decision not to amend the certificate of approval.

Suspend or cancel a carer’s certificate of approval

A carer’s certificate of approval may be suspended or cancelled if there is reason to believe the carer cannot provide care to a child that meets the statement of standards and that the issue of concern cannot be appropriately addressed through other means.

A suspension of a carer’s certificate of approval should be considered if the grounds for concern are likely to be temporary or if further assessment is required to determine whether the carer’s certificate of approval should be cancelled.

If the CSSC manager is considering the suspension or cancellation of a carer’s certificate of approval, relevant Child Safety practitioners must meet with the carer to discuss the reason for the proposed suspension or cancellation and explain the process.

If the decision is made (by the CSSC or CSU manager) that the suspension or cancellation of the certificate of approval is warranted, the carer must be provided with written notice using either the ICMS Letter of proposed suspension or the ICMS Letter of proposed cancellation, which is to include:

• the proposed action and the grounds for the proposed action
• the proposed suspension period (for a suspension of the certificate of approval)
• advice that the carer may make written representations to the CSSC manager or CSU manager within 28 days (or longer, as determined by the CSSC or CSU manager) to show why the certificate of approval should not be suspended or cancelled.

After considering any representation by the carer, if the CSSC manager or CSU manager still considers the suspension or cancellation of the certificate of approval to be necessary, the CSSC manager or CSU manager will:

• suspend the certificate of approval for no longer than the proposed suspension period (if the action proposed in the notice was to suspend the certificate of approval)
  or
• cancel the certificate of approval (if the action proposed in the notice was to cancel the certificate of approval.)

The suspension or cancellation of the certificate of approval takes effect on the day the CSSC manager or CSU manager gives notice to the carer of their decision, or a later day, if stated in the notice.

Following the suspension or cancellation of the certificate of approval, the CSSC manager or CSU manager must provide written notice to the carer of their decision within 10 days of the decision using either the ICMS Letter of suspension or the Letter of cancellation. The notice must:

• state the decision for either suspending or cancelling the carer’s authority
• state the reasons for the decision
• advise the carer that they must deliver the original certificate of approval to the CSSC manager within the requested timeframe, which must not be less than 7 days (Child Protection Act 1999, section 141)
• advise the carer that they may have the decision reviewed by QCAT, if an application is made within 28 days.

If the carer’s certificate of approval has been suspended, the certificate of approval must be returned to the carer at the end of the suspension period, unless the certificate of approval has been cancelled.

Following the period of review, or if the Child Safety decision is upheld, the CSSC manager will ensure the CSU is notified of the suspension or cancellation.

Record the suspension or cancellation in ICMS

Following the suspension or cancellation of a carer’s certificate of approval, the CSSC manager will ensure:

• the carer’s approval status is updated in ICMS
• an alert is recorded on the carer entity in ICMS. (Refer to Procedure 1 Information that requires an Integrated Client Management System alert).

At the end of the suspension, update the carer’s approval status in ICMS and if the certificate of approval is returned to the carer, close the alert. If the certificate of approval is cancelled following the period of suspension, the alert remains in place.

Refer carer for an exit interview

If the carer does not seek a review of the decision to have their certificate of approval cancelled within the required timeframe, or if they seek a review of the decision and QCAT upholds the Child Safety decision, notify Queensland Foster and Kinship Care (QFKC) of the end of the carer’s approval. QFKC will contact the former carer and offer them an exit interview.

To refer the former carer for an exit interview, complete the Advice to QFKC: End of carer approval form in ICMS, and email the form to QFKC.

Suspend or cancel a carer’s certificate of approval on blue card grounds

Blue Card Services issues blue cards and exemption cards and monitors the changes in the criminal history of card holders on a daily basis. Blue Card Services, through the CSU, will advise Child Safety of any relevant changes to the criminal history of a carer or an adult household member, for example, if:

• a blue card or exemption card holder’s card has been suspended because they have been charged with an excluding offence (that is, an offence that excludes them from holding a blue card)
• a blue card or exemption card holder has a change in their criminal history which is relevant to child-related employment.

If Blue Card Services decides to issue an individual with a negative notice or negative exemption notice, it means that the person will not be issued with a blue card or exemption card, or, if they already have one, that their blue card or exemption card will be suspended or cancelled. The suspension or cancellation of a carer’s certificate of approval, or the refusal of a carer’s application resulting from a negative notice is referred to as being made ‘on blue card grounds’.

The decision to suspend or cancel a carer’s certificate of approval on blue card grounds takes immediate effect. The carer is not given an opportunity to provide written representations to the CSSC manager prior to the manager deciding to suspend or cancel their approval.

The CSSC manager must, however, inform the carer of the decision as soon as practicable after the decision is made.

Removal of a child—carer issues

When a carer’s approval is suspended or cancelled on blue card grounds, any child placed with the carer must be removed immediately.

Should the carer subsequently be issued with a blue card or exemption card and the suspension ended, consideration will be given to whether it is in the best interests of any of the children removed to be returned to the placement.

Removal of a child—adult household member issues

When an adult household members blue card or exemption card has been suspended or cancelled by Blue Card Services, a decision must be made about whether to remove a child. In these circumstances:

• Hold an urgent meeting with the carer and adult household member to discuss what actions they are proposing to take.
• Find out whether the household member intends to leave the household, and the proposed timeframe in which this would occur.
• Assess whether the person may pose a risk to the child, even if no longer residing in, or in regular contact with, the carer household.
• Assess whether the carer had any knowledge or awareness of the criminal history or a change in criminal history of the adult household member.
• Assess the immediate safety of any child in the care arrangement and determine whether a standards of care review or harm report should be recorded. For example, the adult household member’s criminal acts may have resulted in harm or it is suspected that they have experience harm to the child.

If the adult household member is not planning to leave the household immediately, or will not change their contact with a child in the care arrangement, any child placed with the carer must be removed and the carer’s certificate of approval suspended.

If the adult household member leaves the household immediately, assess whether it is in the best interests of the child to remain with the carer. Take into consideration:

• how the child’s safety, belonging and wellbeing needs will be met if the care arrangement continues
• the child’s views—for example, is the child fearful of remaining in the placement?
• any risk posed to the child because of the ongoing relationship of the household member to the carer
• the carer’s response to the suspension or cancellation of the adult household member’s blue card or exemption card and the carer’s ability to protect the child in the placement
• the likelihood of any further contact with the adult household member.

Removal of a child—review of decision

The carer is only entitled to have the decision to remove a child from the carer’s care reviewed if either:

• the child is subject to a child protection order granting long-term guardianship to the chief executive
  or
• the adult household member has left the household, due to the suspension or cancellation of their blue card or exemption card, but it has been assessed that the carer is no longer a suitable person or the carer is no longer able to meet the standards of care required in the statement of standards. (Refer to the Child Protection Act 1999, section 122.)

When this applies, provide written notice of the decision to the carer and the child, and ensure that the notice includes the information specified in the Child Protection Act 1999, section 90.

Cancel a certificate of approval due to a prescribed provision—carer

A carer’s certificate of approval must be cancelled immediately when Blue Card Services cancels the carer’s blue card or exemption card, in accordance with the Working with Children (Risk Management and Screening) Act 2000. Refer to the Child Protection Act 1999, section 140AB and  section140AG(1).

The cancellation of the certificate of approval must occur as soon as practicable after Child Safety is notified of the decision. The CSSC manager must:

• notify the carer in writing of the decision to cancel their certificate of approval using the ICMS Letter of cancellation—prescribed provision—carer
• notify the CSU of the decision.

Refer to Record the suspension or cancellation in ICMS.

Suspend or cancel a carer’s certificate of approval due to a prescribed provision—adult household member

When Blue Card Services cancels the blue card or exemption card of an adult household member under a prescribed provision of the Working with Children (Risk Management and Screening) Act 2000, or under the Child Protection Act 1999, section 140AC and section 140AG, one of the following will occur:

• The carer’s certificate of approval must be suspended.
• The carer’s certificate of approval may be cancelled immediately, if there is no likelihood of the adult household member leaving the carer’s home.

The suspension of the carer’s certificate of approval is an interim measure to allow an assessment of whether the adult household member has left or is likely to leave the household, and whether any risk to the safety, belonging and wellbeing of a child in the care arrangement remains.

In suspending the carer’s certificate of approval, the CSSC manager will advise the carer of the decision and the reason for the suspension using the Letter of suspension—prescribed provision adult household member  in ICMS.

If the adult household member leaves the household and the CSSC manager makes a decision to end the suspension, the carer must be provided with a Letter advising end of suspension in ICMS.

To cancel the carer’s certificate of approval (under the Child Protection Act 1999, section 140AG(3)), the CSSC manager must notify the carer in writing using the Letter of cancellation—prescribed provision—adult household member, and advise the carer:

• of the decision to cancel their certificate of approval
• of the reason for the cancellation
• that they may apply to QCAT to have the decision reviewed, within 28 days.

Following the period of review, or if the Child Safety decision is upheld, the CSSC manager must ensure that the CSU is notified of the decision.

Suspend or cancel a certificate of approval due to a prohibiting event

A prohibiting event occurs when an approved carer or an adult member of a carer’s household:

• is issued with a negative notice or negative exemption notice (except under a prescribed provision under the Working with Children (Risk Management and Screening Act 2000), or where a suspended blue card or exemption card is cancelled)
• has their blue card or exemption card suspended by Blue Card Services
• withdraws an application for a blue card or exemption card or it is deemed withdrawn by Blue Card Services.

Prohibiting event—carer

If the prohibiting event relates to the approved carer, the suspension of the carer’s certificate of approval must occur as soon as practicable after the CSU is notified by Blue Card Services. The CSU will advise the CSSC manager of the notice provided by Blue Card Services.

To suspend the carer’s certificate of approval, the CSSC manager must notify the carer in writing using the Letter of suspension—prohibiting event—carer, and advise the carer of:

• the decision to suspend the certificate of approval under the Child Protection Act 1999, section 140AC
• the reason for the suspension.

The suspension of the certificate of approval remains in place until one of the following occurs:

• The certificate of approval expires.
• The carer is issued with a blue card or exemption card, and Child Safety ends the suspension of the certificate of approval.
• The certificate of approval is cancelled under the Child Protection Act 1999, section 140AG.

When the certificate of approval expires, the CSSC manager will ensure that:

• the carer is advised in writing
• the CSU is notified.

Should the carer subsequently be issued with a blue card or exemption card, the CSSC manager will ensure that the carer is advised in writing that the suspension of their certificate of approval has ended, using the Letter advising end of suspension in ICMS.

The carer’s suspended certificate of approval must be cancelled if Blue Card Services issues a negative notice or negative exemption notice and:

• the carer does not apply for a review of the decision by Blue Card Services about the blue card or exemption card, or the review period has expired
• the carer applies for a review of Blue Card Services decision and the decision is upheld.

The certificate of approval must be cancelled as soon as practicable and the CSSC manager is to notify the carer in writing using Letter of cancellation—prohibiting event—carer in ICMS.

Prohibiting event—adult household member

If the prohibiting event relates to an adult household member, the CSSC manager must suspend the carer’s certificate of approval, unless the adult member has left or agrees to immediately leave the carer’s household.

However, the CSSC manager will not suspend or cancel a carer’s certificate of approval if they are satisfied that the person is no longer a member of the carer’s household and does not pose any risk to the safety of a child.

If the household member remains in the household, the CSSC manager will immediately suspend the carer’s certificate of approval and provide written advice to the carer using the Letter of suspension—prohibiting event—adult household member. The written advice is to inform the carer of:

• the decision to suspend the certificate of approval under the Child Protection Act 1999, section 140AC
• the reason for the suspension.

If the adult member remains in the carer’s household, the CSSC manager cannot cancel the carer’s certificate of approval until:

• the 28 days in which the adult household member is able to seek a review of Blue Card Services decision has expired, and they have not applied for a review
• the outcome of the review is decided in favour of Blue Card Services.

In these circumstances, the adult household member will be advised of their review rights by Blue Card Services, in relation to the decision to issue a negative notice or negative exemption notice.

If the adult household member is subsequently issued with a blue card or exemption card, the CSSC manager will ensure the carer is advised in writing that the suspension of their certificate of approval has ended, using the Letter advising end of suspension.

If the household member remains in the household and the period of review expires or the Blue Card Services decision is upheld, the CSSC manager will provide written advice to the carer using Letter of cancellation—prohibiting event—adult household member. The written advice is to inform the carer:

• of the decision to cancel their certificate of approval
• that they may, within 28 days of receiving the notice, apply to QCAT to have the decision reviewed.

Following the period of review or if the decision by Child Safety is upheld, the CSSC manager will ensure that the CSU is notified of the decision.

Refer to Record the suspension or cancellation in ICMS.

Suspension or cancellation of a foster or kinship carer’s certificate of approval—failure to apply for a blue card or exemption card or renew a blue card

If a carer or adult household member does not apply for a blue card or exemption card, or to renew their blue card, the carer’s certificate of approval may be suspended or cancelled. (Refer to the Child Protection Act 1999, section 139(5).)

In this situation, an assessment of the circumstances may be undertaken to decide whether to suspend the certificate of approval—to allow further time for the carer or adult household member to apply for a blue card or exemption card or for the renewal of their blue card.

Prior to any decision to suspend or cancel the certificate of approval, the carer must be provided with information about the proposed action. The CSSC manager is responsible for notifying the carer in writing using Letter to carer—show cause notice.

A carer has a right to apply to QCAT to have the decision made by Child Safety to suspend or cancel the carer’s certificate of approval on these grounds reviewed.

At the end of the 28-day show cause period, if the decision is to proceed with the suspension of the certificate of approval, the CSSC manager will notify the carer in writing within 10 days of the decision, using Letter of suspension—failure to apply for a blue card or exemption card, or renew a blue card.

If, within the 28 days, the carer or adult household member is subsequently issued with a blue card or exemption card, the CSSC manager will ensure that the carer is advised in writing that the suspension of their certificate of approval has ended and their approval is reinstated, using Letter advising end of suspension.

At the end of a 28-day period, if the carer or adult household member has still not applied for a blue card or an exemption card or the renewal of their blue card, or the adult household member has not left the carer’s home, the CSSC manager must cancel the carer’s certificate of approval. The CSSC manager will provide written advice to the carer within 10 days of the decision, using Letter of cancellation—failure to apply for a blue card or exemption card, or renew a blue card, and ensure that the CSU is notified.

Refer to Record the suspension or cancellation in ICMS. 

In addition, record the blue card or exemption card details on the carer’s person record are updated in ICMS.

At the end of the suspension, update the carer’s approval status in ICMS and, if the certificate of approval has been returned to the carer, close the alert and update the blue card or exemption card details. If the certificate of approval is cancelled following the period of suspension, the alert remains in place.

Refer for an exit interview—cancellation of a certificate of approval

If the carer does not seek a review of the decision to have their certificate of approval cancelled within the required timeframe, or if they seek a review of the decision and QCAT upholds Child Safety’s decision, notify Queensland Foster and Kinship Care (QFKC) of the end of the carer’s approval so they will contact the former carer to offer them an exit interview.

To refer the former carer for an exit interview, complete the Advice to QFKC: End of carer approval form in ICMS, and email the form to QFKC.

Respond when a carer applicant is also a Child Safety employee

Being a Child Safety employee and an approved carer may present a number of challenges. It is important for employees to fully consider the issues and potential challenges prior to submitting a carer application.

Respond when a Child Safety employee is interested in being a carer

Child Safety employees may express an interest in becoming a foster or kinship carer. Like any other person, their application to become an approved carer will be voluntary.

A Child Safety employee who submits an application to be a kinship carer will only be accepted if they meet the legislative definition of kin (which is that they are a relative of the child or anyone else of significance to the child—refer to the Child Protection Act 1999, schedule 3).

It is not reasonable or likely to be in the best interests of a child to attempt to prevent an employee from making an application to be a kinship carer.

A Child Safety employee in a non-direct service delivery role may lodge an application when it is considered appropriate by the regional director. Refer to the policy Placement of children with Child Safety employees.

If an employee who submits an application to be a foster carer is employed in a direct service delivery role, they may only be approved or provisionally approved as a foster carer if the regional director is satisfied exceptional circumstances apply and the foster carer applicant meets approval requirements.

Exceptional circumstances include:

• The employee’s substantive position is in a direct service delivery role, but they are currently seconded to a non-direct service delivery role.
• A child in a rural and remote area has a care arrangement identified for them, but it is not immediately available, and no other options are immediately available. The employee may be assessed as a foster carer in order to provide short-term care for the child until the intended care arrangement becomes available.

A ‘direct service delivery role’ refers to one in which the responsibilities and duties predominantly include telephone, written or in-person contact with children or families receiving a service from Child Safety.

A ‘non-direct service delivery role’ refers to one in which the responsibilities and duties exclude, or include only limited, telephone, written or in-person contact with children or families receiving a service from Child Safety.

Prior to a Child Safety employee lodging a carer application, the PSU or CSSC manager will inform the employee about the potential challenges, risks and processes associated with the employee’s possible future role, including discussing:

• potential or actual conflicts of interest, such as when the employee may be improperly influenced in the performance of their duties and responsibilities because of their private interests. (Refer to the Conflicts of interest policy support document.)
• confidentiality issues that may arise due to the employee’s access to records that would not normally be available to approved carers
• the potential risk to professional reputation or livelihood, should a standards of care review or harm report arise in relation to the quality of care provided to a child placed with them. In extreme cases, the nature of the allegations may require disciplinary action to be taken in relation to the employee.

If the employee decides to proceed, they must inform their line manager of their intention to lodge a carer application and also that the line manager may be contacted to provide a referee report in relation to the employee’s application.

Arrange for the assessment of an employee’s carer application

A Child Safety employee is subject to all the same requirements for carer assessment as any other carer applicant. (Refer to Initial carer assessment requirements or Arrange for renewal of approval.)

The assessment will be undertaken by a Child Safety practitioner or external assessor who has no personal or professional relationship with the employee.

If this is not possible, for example, in rural or remote locations, a senior team leader or senior practitioner will complete the assessment. In these circumstances, the CSSC manager will put in place strategies to enable the employee to clearly separate their two roles and manage conflict of interests. For example, the CSSC manager will arrange for another senior practitioner within the region to attend the assessment panel if a senior practitioner known to the Child Safety employee has assessed the carer application.

During assessment interviews with the employee, the assessor will discuss and consider the impact of any conflict of interest, confidentiality issues and proposed management strategies on the employee’s ability to meet the safety, belonging and wellbeing needs of the child.

The timeframe for deciding the application may be extended by the CSSC manager, if considered necessary. (Refer to Arrange to extend the timeframe for deciding an intial carer application.)

Complete the conflict of interest declaration form

In some circumstances, being an employee and an approved carer may cause the employee to experience a conflict of interest. Employees are responsible for recognising and declaring conflicts of interest and seeking advice from their manager if unsure as to whether a conflict of interest may exist.

Managers and employees are responsible for assessing whether a Conflict of interest declaration form is required. The manager should provide guidance and support to the employee in managing and resolving conflicts of interest.

Complete the advice to regional director form

If a CSO or other Child Safety practitioner has completed the carer assessment, they are responsible for completing the Advice to regional director form. If an external assessor is responsible for completing the carer assessment, seek advice from the PSU regarding who will complete this form.

The CSSC manager for the catchment area where the carer applicant resides is responsible for contacting the employee’s line manager seeking their contribution to completion of the Advice to regional director form. If the CSSC manager and the employee’s line manager are the same person, the senior practitioner will also participate in the discussion for the purpose of completing this form.

In addition to outlining the current or anticipated issues associated with the applicant being both a carer and an employee, outline:

• proposed monitoring and support strategies for addressing or preventing any identified issues
• the views of the child and their parents regarding the proposed care arrangement, if the employee has applied to be a kinship carer.

Provide a copy of the assessment report and the completed Advice to regional director form to the applicant.

Decide an employee’s carer application

The regional director is responsible for deciding to approve or refuse all carer applications from Child Safety employees. In making a decision, the regional director will consider:

• the information provided in the Advice to regional director form
• the Conflict of interest declaration form, where applicable
• information relating to all other assessment requirements for determining suitability. (Refer to Provide documents to the delegated officer.)

The regional director will:

• make any comments specific to the employee’s proposed or actual carer role in the Advice to regional director form
• document the decision to approve or refuse the application and the reasons for the decision
• record any relevant comments on the relevant ICMS form— Form 4: Approval decision or the Form 5: Approval Decision—Provisionally Approved Carer
• complete the Conflict of interest declaration form, Section 3, if applicable
• provide a copy of the completed Conflict of interest declaration form to the employee and their line manager
• provide a copy of the completed Advice to regional director form to the employee and their line manager, and to the foster and kinship care service responsible for the ongoing monitoring and support of the carer.

If an immediate care arrangement is required with a Child Safety employee, the applicant may be provisionally approved by the regional director, or the duty executive officer if after hours, prior to placing the child. (Refer to the policy Placement of children with Child Safety employees.)

Take additional actions following the approval or refusal decision

Following completion of all relevant documentation by the regional director, the relevant PSU or CSSC resumes responsibility for attending to all remaining procedural requirements, including the need to inform:

• the employee of the decision and review rights
• the employee’s line manager of the decision
• the foster and kinship care service responsible for ongoing monitoring and support of the carer.

Respond when an approved carer is or becomes an employee

An approved carer who is subsequently appointed to a position in Child Safety, including a traineeship or student placement, is able to continue to provide care.

To facilitate the separation of roles, case responsibility for the child will not, where practicable, be held in the CSSC where the Child Safety employee is in a direct service delivery role.

The CSSC manager will ensure that the PSU or the foster and kinship care service:

• advises the employee of their obligation to inform their line manager of their carer role, or possible carer role
• meets with the approved carer or carer applicant within two weeks of their commencement as an employee, to discuss the:
  • potential challenges, risks and processes associated with their dual role or future carer role. (Refer to the Conflicts of interest policy support document.)
  • roles and responsibilities of the Child Safety employee in the work context, including any anticipated impact their carer role may have on their work and conflicts of interest, and any proposed management strategies for dealing with this, if applicable.

When the employee indicates an intention to continue in their role as an approved carer, the CSSC manager is responsible, in the first instance, for negotiating the employee’s line manager’s involvement in contributing to the completion of the Advice to regional director form. Record the outcome of all related discussions in the form.

When the CSSC manager and the employee’s line manager is the same person, the senior practitioner will also participate in discussions for the purpose of completing the form.

If the employee or their line manager identifies a conflict of interest, the employee will complete the Conflict of interest declaration form, Section 1 and provide the form directly to their line manager for their completion of Section 2. (For further information, refer to the policy Conflict of interest.)

If the employee decides to withdraw their application, or to cease being a carer, ask them to provide the advice in writing.

If the employee proceeds with the carer application:

• Provide a copy of the completed Advice to regional director form to the employee.
• Forward the completed form to the regional director, either:
  • for their information only, when an approved carer has just become a Child Safety employee
    or
  • to be used for the regional director’s approval or renewal decision.
• Forward the Conflict of interest declaration form, if applicable, to the regional director, for their completion of Section 3.

A Child Safety employee who is an approved carer will not be directly involved as an employee in the case work or decision making for any child placed with them. They are able to be involved in decision making for the child in their role as the child’s carer.

All approved carers who are Child Safety employees will be subject to the usual monitoring and support processes. (Refer to Provide support to the carer.)

During the development or review of a placement agreement or a foster carer agreement, the CSO or other Child Safety practitioner will:

• remind the approved carer of their responsibility to ensure appropriate use and disclosure of official information. (Refer to Privacy and confidentiality.)
• seek information from the CSSC responsible for the child regarding any identified issues or concerns about the approved carer’s role as an employee and an approved carer
• review conflicts of interest and management strategies, as documented in the Advice to regional director form, and where applicable, update management strategies
• identify the monitoring and support strategies to be implemented.

Arrange the assessment of a renewal of approval for a Child Safety employee

An application by a Child Safety employee for renewal of their approval as a kinship or foster carer will be invited, assessed and decided in accordance with usual procedural requirements. (Refer to Arrange for renewal of approval.)

Ask the assessor to take into account and document in the Advice to regional director form:

• the approved carer’s management of confidentiality issues for the previous 1- or 2-year period of approval
• the approved carer’s management of conflicts of interest, if applicable, for the previous 1- or 2-year period of approval
• any other information relevant to the person’s dual role as a Child Safety employee and an approved carer for the previous 1- or 2-year period.

All assessment and approval documentation usually provided to the PSU for the CSSC manager’s decision making will be forwarded to the regional director, along with the Advice to regional director form and if applicable, the Conflict of interest declaration form.

Upon receipt of the approval decision, the responsible CSSC or PSU will attend to all remaining procedural requirements.

Following the decision to grant renewal of approval, the foster and kinship care service or Child Safety officer responsible for supporting the carer will:

• review support arrangements with the approved carer. (Refer to Provide support to the carer.)
• continue monitoring the quality of care provided, including issues associated with confidentiality and conflicts of interest.

If the decision is to not renew the carer’s approval, refer to Refuse the application if the legislative requirements are not met.