Respond to specific carer assessment and approval matters

Respond to kinship carers affected by the changed definition of kin

A kinship carer who lodges application for renewal of approval after 21 May 2023, will only be assessed and approved as a kinship carer if they meet the legislative definition of kin as outlined in the Child Protection Act 1999, schedule 3, being they are either: 

• a member of the child’s family group who is a person of significance to the child, or is another person who the family group (or child) recognises as a person of significance to the child
  or           
• for an Aboriginal or Torres Strait Islander child:
  • a person who is a member of the child’s family group who is a person of significance to the child
    or
  • a person under Aboriginal tradition who is regarded as kin of the Aboriginal child, or for a Torres Strait Islander child, a person who under Island custom who is regarded as kin of the Torres Strait Islander child
    or
  • another person who is recognised by the child or family group as a person of significance to the child who also has a cultural connection to the child.

Confirm carer type for approved kinship carers

An approved kinship carer cannot be invited to renew their certificate of approval unless they meet the definition of kin.

Before the kinship carer is due to be invited to renew their approval, the PSU will request the CSO with case management for the child to confirm whether the carer meets the legislative definition of kin. This will be at least three months before the expiry date on the kinship carer’s certificate of approval.

If the relationship to the child is uncertain:

• obtain information from the child and the child’s family about the relationship between the child and their carer
• document the information provided in an ICMS ‘Finding kin’ case note, in the child’s and carer’s ICMS placement event
• consult with the CSSC manager (responsible for case management of the child) about the findings from the enquiries.

If the CSSC manager or PSU manager is satisfied with the nature of the enquiries and the information from the child and family members, then advise: 

• the PSU of the outcome—being whether the carer is kin to the child
  and
• the foster and kinship care service provider with whom the carer is affiliated (if applicable).

If the kinship carer meets the legislative definition of kin, the PSU (for Child Safety affiliated carers) will arrange for the kinship carer to be invited to complete the carer renewal application forms, at least 3 months prior to the expiry date of their certificate of approval, being the:

• Application for renewal of approval—Form 3B
• Household safety study
• Carer applicant health and wellbeing questionnaire
• Addendum for additional household members—Form 3C (only for applicants with more than 2 household members).

Support the affected carer

For carers who are not kin, the CSO responsible for the child may be the most appropriate person to explain they are unable to renew their approval as a kinship carer. If the carer has other children placed in their care (such as a sibling group) and their case management is with another CSSC, or if the carer is affiliated with a foster and kinship care service provider, work together to:

• determine who is the most appropriate person to advise and support the carer
• ensure the carer understands the reasons for the decision relating to each child
• enable the carer to make an informed choice to either
  • be assessed as a foster carer and be available to provide care to other children
    or
  • be assessed as a foster carer for the specific child or children they have been approved to care for as a kinship carer
    or
  • not continue as a carer.

If the carer wishes to continue as a carer for that specific child or children currently placed in their care, they will be required to complete an initial foster carer application.

Invite the affected kinship carer to submit a foster carer application

The PSU (for Child Safety affilitated carers) or the foster and kinship care service provider (for carers affiliated with their service) will ensure the carer is provided with the following carer application forms, 3 months before the expiry of their current certificate of approval:  

• Application for initial approval—Form 3A  
• Carer applicant health and wellbeing questionnaire
• Addendum for additional household members—Form 3C (only when there are more than 2 household members.

Refer to the following table for information about the difference between being a foster carer or a foster carer for the specific child they have been approved to care for.

Complete an initial foster carer assessment of the kinship carer

If the kinship carer submits an application for initial approval as a foster carer, follow the usual business processes to assess their application, including:

• seeking a decision from the CSSC manager about discretionary information (refer to Determine the need for discretionary information), or a decision to vary the assessment (refer to Vary assessment requirements)
• making sure the applicant and their adult household members hold a current blue card or an exemption card or alternatively have completed the two-step application process to Blue Card Services (refer to Blue card requirements)
• requesting CSU to complete a suitability assessment (Refer to Central Screening Unit)
• arranging interviews with all relevant parties. (Refer to Complete the initial carer assessment.)

The PSU will ensure the allocated assessor (or the foster and kinship care service provider):

• is provided with the information and documents they require to complete the assessment—refer to Provide information to the assessor
• understands their responsibilities as an assessor, including providing information to the CSSC manager of any changes to the membership of the carer household.

The assessor will take into and account the carer’s previous experience caring for the child as their kinship carer, in addition to the additional assessment domains for specific carers, (refer to section 6 of the assessment), using the Foster carer application and recommendation form—Initial approval only to record the assessment.

In helping the child to provide their views, communicate in a way that is appropriate to the individual child, having regard to their age, maturity, capacity, culture and circumstances (Child Protection Act 1999, section 5E).

Discuss conditions to the carer’s certificate of approval

The assessor will explore and document the applicant’s preference to be available to care for any child  or to only provide care to the current child or children currently placed with them. If their preference is to continue caring for the specifc child, explain:

• that the specific child’s (or children’s) name can be documented on the certificate of approval (if this is their preference) and another child cannot be placed in their care unless their certificate is amended
• the condition is not to prevent or restrict them from caring for another child, but is to reflect their stated preference, and ensures they won’t be approached about the additional care of a child they do not know
• they are not required to complete the mandatory ‘Getting ready to start’ training modules (with the exception of ‘Water safety awareness’.) Refer to Support the affected carer.

The assessor will document the carer’s preference to have a condition placed on their certificate of approval limiting care to a specific child in the Foster carer applicant assessment and recommendation form—Initial approval only.

Prior to making a decision to approve or refuse the carer’s application, the delegated officer must ensure all the requirements of the Child Protection Act 1999, section 135(1)(a) and the Child Protection Regulation 2023, section 23, are met prior to deciding the application. (Refer to Consider if the grounds to approve the initial carer application are met.)

Record conditions placed on a certificate of approval

The Child Protection Act 1999, section 133(8)(d) provides for conditions to be placed on the initial issue of a certificate of approval, by the delegated officer responsible for the carer approval decision. 

The first renewal assessment of a foster carer affected by the changed definition of kin will be streamlined. Refer to Use a streamlined assessment for specific foster carers.  

If it is the applicant’s preference to only care for the specific child they have been approved to care for as a kinship carer, the delegated officer will record this as a condition on the:

• certificate of approval (refer to the Child Protection Act 1999, section 132(8)(d))
  and
• the ICMS Form 4: Approval decision.

The PSU will make sure any conditions are included in the carer’s ICMS Approval/refusal tab.

Respond when an approved kinship carer requires assessment for another child

The Child Protection Act 1999, section 133(7), states that a kinship carer's certificate of approval relates to the carer of only 1 child. If a CSSC is considering placing another child in their care, the CSO with case management for the child will confirm whether or not the carer meets the legislative definition of kin for the particular child. (Refer to the Child Protection Act 1999, schedule 3.)

Make enquiries with the child and the child’s family to establish if the carer is a member of the child’s family—refer to Make sure the kinship carer meets the changed definition of kin.

Record the child and family’s information in a ‘Finding kin’ case note in the child and carer’s ICMS placement event, and provide the information to the CSSC manager.

If the CSSC manager considers the kinship carer meets the definition of kin, a different assessment and application process applies:

• initial or renewal carer application and assessment forms are not required
• there is no reassessment of factors that have already been established for the person’s existing carer approval, such as their suitability (including a CSU suitability assessment) and ability to meet the standards of care or completion of the household safety study.

In these circumstances the Child Protection Act 1999, requires an assessment of:

• the kinship relationship between the carer and the child (Child Protection Act 1999, section 135(1)(b)(i)
• the carer’s ability to achieve case plan goals for keeping the child safe (Child Protection Act 1999, section 135(1)(b)
• the views of the child about the proposed care arrangement (Child Protection Act 1999, section 5E) (Refer to Obtain the views of the child and parents.)
• the support and training needs of the carer (Child Protection Act 1999, section 148E).

Use the Approved kinship carer—subsequent initial application and assessment—Form 3D to guide and document the assessment. Include an exploration of any changes to the carer’s personal or household circumstances since their last carer assessment and approval through:

• information provided by the carer, the child or other children placed with the carer
• Change in carer circumstances or New adult household member forms (from the carer’s Monitor and support record in ICMS)
• the child’s CSO, or the carer’s foster and kinship care support worker.

For any significant changes that are not yet known to Child Safety, immediately advise the CSSC manager. For example, blue card applications and a CSU suitability assessment for new adult household members, or changes to carer’s health conditions that may require the carer to complete a Carer health and wellbeing questionnaire.

Provide the completed report to the:

• carer, for their signature and comments
• the CSSC manager, as the delegated officer, to decide the application, and to consider any conditions to the certificate of approval. 

The Child Protection Act 1999, section 133 requires a kinship carer to be issued with a certificate of approval in the name of cihld, and with an expiry date of no more than 1 year for the approval decision.

Progress assessment of an affected carer who does not meet the definition of kin

If the CSSC manager is satisfied the enquiries establish that the carer does not meet the definition of kin for this child, a renewal of approval will not proceed. Explain to the carer they can be assessed as a foster carer and provide the following application forms:

• Application for initial approval—Form 3A
• Carer applicant health and wellbeing questionnaire
• Addendum for additional household members—Form 3C (only for applicants with more than 2 household members).

Follow the usual business processes to complete the initial foster carer assessment for its progression to the delegated officer to decide the outcome—refer to Complete an initial foster carer assessment of the kinship carer.

Respond to changes in a carer’s circumstances

The Child Protection Act 1999, requires carers to immediately provide written notice to Child Safety of changes in their personal and household circumstances that are relevant to ongoing suitability, using the Change in carer circumstances form. There are fines for not complying when:

Carers are also required to advise Child Safety of any of the following changes, using the Change in carer circumstances form:

• a change of address
• the provision of (or an intention to provide) care for other children in their home, for example, as a family day care educator or other stand-alone child-care service
• significant health issues or excessive employment demands.

Respond when advised of address change

The PSU who will coordinate or complete the following tasks:

• 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)
• request a new Household safety study, from either: 
  • the carer’s foster and kinship care service provider
    or
  • the CSSC responsible for the carer approval decision, for carer’s affiliated with Child Safety.

Respond when advised of the carer’s provision of child-care services

It is possible for carers to operate a regulated child-care services from their home—for example, family day care or other stand-alone child-care. In these circumstances, ask the carer to include the following information when submitting a Change in carer circumstances form: 

• the type of child-care service being provided (family day care or stand-alone child-care)
• the number and ages of the children
• the name of the family day care provider they are is affiliated with (if applicable).

The CSSC manager responsible for the carer approval decision will:

• link the Change in carer circumstances form to the carer entity’s Monitor and support record in ICMS, via the Documents/Comms sub-tab
• consider if the additional role may impact the carer’s capacity to continue to meet the standards of care (Child Protection Act 1999, section 122)
• make sure the family day care provider with which the carer is affiliated is advised they are also an approved carer
• consider how the regulated child care service may impact on quality of care provided to children and on future matching decisions.

Respond to advice of other changes

Consider how a change to a carer’s health or lifestyle may impact their continuing suitability as a carer by gathering:

• more information from the carer or, with the carer’s permission, from their treating doctor
• a placement meeting to review and update the carer’s support or development needs—refer to Review the placement agreement
• discussion with the carer about a having a break from the care role—refer to Respond to a carer’s request for a time-limited break
• a review of carer suitability—refer to Review carer suitability.

Ensure the Change in carer circumstances form is attached to the carer entity’s Monitor and support record in ICMS via the Documents/Comms sub-tab, and the actions taken (or proposed to the taken) are documented in the carer's ICMS Monitor and support record. 

Take action when advised of changes to personal history

The Child Protection Act 1999, section 141B defines personal history as: 

• the domestic violence history and traffic history for a foster or kinship carer, or a member of their household who holds a current blue card
• the criminal history, domestic violence history and traffic history of a:
  • household member who does not hold a blue card
  • provisionally approved carer or a member of their household.

The CSSC manager responsible for the carer approval decision will  work in partnership with the carer’s foster and kinship care service provider to consider if other actions are required. For example to:

• provide additional supports for the carer (refer to Respond proactively to emerging issues) 
• arrange a standard of care consultation meeting, if the information indicates the child’s care may not be meeting standards of care or they may have experienced harm (refer to Receive concerns about a child’s care arrangement)
• request a review the foster carer agreement (for foster carers) or a review of the placement agreement (refer to Review the placement agreement)
• request a review of the carer’s suitability (refer to Review carer suitability)
• document actions and proposed actions in the carer’s Monitor and support record in ICMS.

The PSU will:

• ensure the Change in carer circumstances form is attached to the carer entity’s Monitor and support record in ICMS via the Documents/Comms sub-tab 
• email the CSU mailbox using csces_csu_process@communities.qld.gov.au and include the carer entity ID in the subject line.

Take action in response to changed household membership

The Working with Children (Risk Management and Screening) Act 2000 (section 176A), requires foster and kinship carers and their adult household members to be issued with a blue card before commencing in the carer role or, for adult household members, before being in the carer household—with the exception of a household member who has lodged their application with Blue Card Services and are living in:

• a provisionally approved carer’s household (Working with Children (Risk Management and Screening) Act 2000, schedule 1, section 14(2))
  or
• the foster or kinship carer’s household and are turning or has just turned 18 years old. (Refer to the Child Protection Act 1999, section 148D.)

The Child Protection Act 1999, section 141G, requires the carer to immediately advise Child Safety if a person becomes a member of their household or if a person stops being a household member, using the Change in carer circumstances form.

For a new household member, arrange for that person to:

• complete a New adult household member form and provide this to the CSSC or PSU 
• provide their original proof of identity documents to a person listed on the form, to complete and sign the verification of identity process
• lodge an application for a blue card or exemption card with Blue Card Services (if they don’t already have one) —refer to Ensure blue card applications are lodged.

If the CSSC manager requires more information to decide if the person meets the definition of a member of a person’s household, refer to the Child Protection Act 1999, schedule 3 and Gather information about the household member.

Record the new household member in ICMS

The PSU will complete the following administrative actions:

• create a person record for the new adult household member (if one does not already exist)
• link the New adult household member form to the carer entity's Monitor and support record in ICMS, via the Documents/Comms sub-tab
• email the CSU mailbox using csces_csu_process@communities.qld.gov.au and provide the carer entity ID (to enable the CSU manager to complete a suitability assessment of the new household member)
  or
• if the change relates to a household member who has left the carer household, remove the person from the carer’s Household tab in ICMS.

Gather information about the adult household member

The CSSC manager may request additional information before deciding the person meets the criteria for a household member, as defined by the Child Protection Act 1999, schedule 3.

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 carer's premises (Refer to Take action when advised of a new spousal relationship.)
• 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  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.

Take action when advised of a new spousal relationship

The Child Protection Act 1999, section 141G, requires the carer to immediately provide written notice to Child Safety (using the Change in carer circumstances form) if a person becomes an approved carer’s spouse—this includes a de facto partner or civil partner (Acts Interpretation Act, schedule 1).

The person in contact with the carer will explain that:

• a new carer application and assessment is required (regardless of the expiry date of the single carer’s certificate of approval)
• the partner will be required to submit an application to Blue Card Services for a blue card or exemption card (if they don’t already have one) as part of the application process—refer to Ensure blue card applications are lodged.

Immediately provide the following carer application documents (or how to access them online):

• Application for initial approval—Form 3A
• Carer applicant health and wellbeing questionnaire
• Addendum for additional household members—Form 3C (only for applicants with more than 2 household members)
  and
• information about the process for lodging a blue card application online, or provide the Volunteer foster/kinship carer or adult member blue/exemption card application form.

Follow the usual business processes to complete the initial carer assessment—refer to Assess and approve initial carer applicants.

If the initial carer application is approved (refer to Consider if the grounds to approve the initial carer application are met), the delegated officer will arrange:

• a Letter of approval as a foster carer or a Letter of approval as a kinship carer—available in ICMS
• a certificate of approval in both carer’s names, with an expiry date of no more than 1 year from the date of the approval decision (Child Protection Act 1999, section 133)
• request the return of the previous certificate of approval (Child Protection Act 1999, section 141)
  and
• make sure a new foster carer agreement (for foster carers) is completed, or the placement agreement (for kinship carers) is reviewed, taking into account different support needs.

The PSU will complete the following administrative actions:

• end the existing carer entity approval in ICMS with an end reason of Surrendered
• complete the approval details in ICMS
• update any existing care arrangements in ICMS to reflect the new carer entity.

Take action when a carer's spousal relationship ends

The Child Protection Act 1999, section 141G, requires the carer to immediately provide written notice to Child Safety (using the Change in carer circumstances form) if a person stops being the approved carer's spouse (including separation).

In partnership with the foster and kinship care service provider, make contact with the carer, to discuss:

• any additional support as a result of the changed family structure
• their continuing role as a carer.

Make contact with the secondary carer to obtain their views about continuing or ceasing as a carer.

To continue in the carer role, make sure to explain to the carer (or both carers if relevant) that a new assessment is required as an initial carer applicant. It is not a renewal of their current certificate of approval. Provide the carer with the following carer application documents (or how to access to the online versions) for completion:

• Application for initial approval—Form 3A
• Carer applicant health and wellbeing questionnaire
• Addendum for additional household members—Form 3C (only for applicants with more than 2 household members).

Follow the usual business processes to complete the initial carer assessment—refer to Assess and approve initial carer applicants.

Amend a carer's certificate of approval

The Child Protection Act 1999, chapter 4, subdivision 1, enables conditions to be placed on or removed from a foster or kinship carer’s certificate of approval at any time when:

• a carer applies to amend their certificate
• the Child Safety delegated officer initiates an amendment with the carer’s agreement
  or
• the Child Safety delegate decides to impose an amendment—only for particular matters outlined in the Child Protection Act 1999.

Respond to a carer’s application to amend their certificate of approval

The Child Protection Act 1999, section 137(1) provides for a carer to apply for an amendment to their certificate of approval. This request may be to have a condition placed on their certificate of approval, or requesting the removal of a current condition.

Ask the carer to:

• submit their request in writing
• be specific about the change they are seeking
• include the reasons for the change.

Immediately provide the written request to the PSU who will:

• alert the appropriate delegated officer of the carer’s application— the CSSC manager responsible for the carer
• create a new EOI/application in ICMS, and select to select amendment to certificate
• attach the carer’s written application to the ICMS Documents/Comms sub-tab in the relevant EOI.

If the delegated officer requires further information to inform their decision, take into account the timeframe and seek additional information as appropriate—for example, from:

• the carer 
• their foster and kinship care service provider
• the CSSC with case management for the child placed in the care arrangement
• available documentation—such as the carer assessment report, or for a request to remove a condition, other information outlining the reasons for initially putting the condition in place.

Grant the amendment

If approving the request (Child Protection Act 1999, section 137(4)), the delegated officer will:

• advise the carer of the decision to grant their application to amend the certificate of approval, using the Letter granting carer's application to amend
• request the return of their current certificate of approval within 7 days, as required by the Child Protection Act 1999, section 141A
• provide an amended certificate of approval to the carer—upon receipt of their current certificate of approval, and a copy to their foster and kinship care service provider. The amended certificate of approval will match all the other details of the original certificate.

The PSU will make sure the condition is recorded in ICMS and the approval/refusal tab for the EOI/amendment is closed.

Refuse the amendment

The Child Protection Act 1999, section 137(7) enables the delegated officer to refuse the carer’s request for an amendment if it is not considered necessary or desirable. The CSSC manager is delegated to refuse an amendment request. The carer can request this decision be reviewed by QCAT, providing they lodge that application within 28 days.

Within the 28-day timeframe (Child Protection Act 1999, section 137(3)) of Child Safety receiving the carer’s application, the CSSC manager will determine if there are grounds to refuse the amendment and if so, will complete the following actions within 10 days of making the decision:

• provide written notice of the decision to refuse the carer’s request for an amendment, using the Letter refusing carer's application to amend
• include the reasons for the refusal decision
• explain the carer’s right to have the decision reviewed by the QCAT.

Make sure the PSU and the carer’s foster and kinship care service provider (if applicable) are advised of the refusal decision. The PSU will make sure the ICMS Approval/refusal tab for the EOI/amendment is closed (which, if appealed, will be after QCAT has made a ruling.)

Initiate an amendment with the carer's agreement

The Child Protection Act 1999, section 138(1)(a) enables the Child Safety delegated officer to amend a carer’s certificate of approval at any time following the carer’s approval, if the carer agrees to the amendment.

In this circumstance, the delegated officer (the CSSC manager) will:

• discuss the proposed condition and its implications with the carer (including that they can apply to amend the condition at any time)
• provide the carer with the proposed amendment in writing using the Letter to carer - agree with amendment.

Following the carer’s agreement, and upon receipt of their current certificate of approval, issue a new certificate of approval to the carer. Provide a copy to their foster and kinship care service provider (if applicable). The amended certificate of approval will match all the other details of the original certificate.

The PSU will complete the ICMS recording tasks to: 

• create and close the new EOI/application (amendment to certificate) and
• record the condition in ICMS and hyperlink the new certificate of approval to the EOI.

Initate an amendment for particular matters

The Child Protection Act 1999, section 138(1)(b) enables the Child Safety delegated officer to impose a condition on a carer’s certificate of approval at any time after their approval—but only when the condition is necessary and desirable because the carer:

• is not meeting the standards of care
• is not complying with an existing condition on their certificate of approval has disregarded or breached a specific requirement of the Act (for example, the Child Protection Act 1999, section 13F, chapter 4 division 5, or section 187
• the decision to approve the carer was, in part, due to false or misleading information 
  or
• because of another circumstance required under the regulations (for example, the Child Protection Regulation 2023, section 23 or 24, or section 26).

If the CSSC manager determines that it is necessary to impose a condition on the carer’s certificate of approval then:

• discuss the proposed condition with the carer and outline and the reasons for considering the condition
• confirm that this information will be formally provided to them in writing
• outline they have 28 days to provide a written response to the letter, including if this is to dispute the proposed condition or to dispute the information that has been taken into account in reaching this view.

Provide the Letter to carer - amendment proposed and send a copy to their foster and kinship care service provider (if applicable).

If, after considering any written representation by the carer, the CSSC manager still considers an amendment to the certificate of approval necessary, provide the carer with written notice of the decision within 10 days of the decision using the Letter to carer - amendment proceeding.  The notice includes information about how the carer can apply to QCAT to have the decision reviewed, if they do this within 28 days and will:

• 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, provide written notice to the carer of their decision not to amend the certificate of approval.  Use the Letter to carer – amendment not proceeding.

Take action to suspend a carer's certificate of approval

The Child Protection Act 1999 outlines the grounds and procedures for suspending a foster or kinship carer’s certificate of approval when:

• the certificate may be suspended (Child Protection Act 1999, section 139)—refer to Propose to suspend the certificate of approval
• the certificate must be immediately suspended (Child Protection Act 1999, section 140AC)—refer to Take immediate action to suspend the certificate of approval.

Consult with Court Services before commencing any action—to clarify whether the grounds for suspension relate to actions under the Child Protection Act 1999, section 139 or if an immediate suspension is required in line with the Child Protection Act 1999, section 140AC.

For a provisionally approved carer, refer to Cancel or suspend provisional approval.

Propose to suspend the certificate of approval

In line with the Child Protection Act 1999, section 139, the delegated officer may commence action to suspend a foster or kinship carer’s certificate of approval based on the following grounds:

• the carer is not a suitable person to be a foster carer, or to be a kinship carer for the child in their care
• a member of the carer’s household is not a suitable person (Child Protection Regulation 2023, section 26)
• the carer is not meeting the standards required for carers under the Act (or not meeting another condition of their approval)
• the carer has disregarded or breached a specific requirement of the Act (for example, the Child Protection Act 1999, section 13F, chapter 4 division 5, section 187)
• the decision to approve the carer was, in part, due to false or misleading information 
• because of another circumstance required under the regulations (for example, the Child Protection Regulation 2023, sections 23, 24, or 26)
• the carer or an adult household member does not have a blue card or exemption card
  or
• it is inappropriate for the carer to continue as a carer, based on other information received by the delegated officer or a circumstance prescribed under a regulation.

The CSSC manager or PSU manager (as the delegated officer) will consult with:

• Court Services (if this has not already occurred)
• the CSSC manager with case responsibility for a child currently placed with the carer
• the carer’s foster and kinship care service provider (as applicable) or other relevant parties.

Meet with the carer to discuss the proposed suspension and explain the process.

Use the Letter of proposed suspension/cancellation of a carer’s certificate of approval to provide the carer with written notice explaining the proposed action and the grounds for the proposed action. In line with the requirements of the Child Protection Act 1999, section 140(1), include:

• the proposed suspension period
• their right to make written representations to the nominated person, to show why the action should not be taken
• the timeframe for the carer to provide the written information—being at least 28 days.

Take into account the written information provided by the carer before making a final decision. If there are not sufficient grounds to proceed with the suspension decision, the delegated officer will advise the carer that the suspension will not proceed. Also provide this outcome to:

• the carer’s foster and kinship care service provider (if relevant)
• the CSSC manager who was initially consulted about the proposed action.

Proceed with the suspension

If the carer has not provided a written submission, or if the delegated officer considers the grounds to suspend the certificate remain, proceed with the suspension. The Child Protection Act 1999, section 140, outlines the requirement to provide the carer with written notice of the decision to suspend, within 10 days of making the decision (use the Letter of decision to cancel/suspend a carer’s certificate of approval. Include information about:

• the reasons for the decision
• the period of the suspension (being no longer than the date provided in the proposed suspension letter)
• their right to request QCAT to review the decision (Child Protection Act 1999, section 140(5))
• a request to return the certificate of approval within 7 days (Child Protection Act 1999, section 141(2)).

The suspension takes effect on the day the written notice is given to the carer, or on a later day if this is specified in the written notice.

Ensure the PSU and the CSSC with a child in the care arrangement are aware the suspension action is proceeding, and when the suspension will take effect—to enable their action to locate alternative care arrangements for the child. Refer to Remove the child due to a suspension or cancellation decision.

Record the suspension action in ICMS—refer to Complete administrative requirements for the suspension.

End the suspension

Suspension of a carer’s certificate of approval is a temporary­ action. It is usually taken when further assessment information is required or other decisions are pending that may more appropriately resolve the issue.

If the suspension action is taken on the grounds outlined in the Child Protection Act 1999, section 139, the delegated officer will consider the additional information received, prior to the end of the suspension period. This information may relate to:

• a decision or action by Blue Card Services
• the findings of a suitability review
• the outcome and findings from a harm report investigation and assessment
• the changed circumstances of the relevant adult household member. (Refer to Suspension or cancellation due to an adult household member.)

If the concern has been resolved, advise:

• the carer the period of suspension has ended and return their certificate of approval
• their foster and kinship care service provider
• any CSSC who had a child placed with the carer immediately prior to the suspension action
• the PSU, who will
  • close the ICMS alert
  • end date the suspension in ICMS (which will return the carer’s status to active).

If the concern has not been resolved, the delegated officer will cancel the carer’s certificate of approval. (Refer to Cancel a carer’s certificate of approval.)

Take immediate action to suspend the certificate of approval

In line with the Child Protection Act 1999, section 140AC, the delegated officer must immediately suspend a foster or kinship carer’s certificate of approval when Blue Card Services advises that:

• the foster or kinship carer or an adult household member is connected to a prohibiting event—meaning they have been issued with a negative notice or their blue card has been cancelled
• is issued with a negative notice under a prescribed provision
• has had their blue card or exemption card cancelled or suspended
• has withdrawn their application (or renewal application) for a blue card.

Consult with Court Services to confirm that the grounds for suspension relate to the to the Child Protection Act 1999, section 140AC.

Wherever possible, meet with or contact the carer to discuss the suspension action. Advise other parties affected by the decision, such as:

• the CSSC manager with case responsibility for a child currently placed with the carer of the suspension action (due to their need to remove the child from the care arrangement)
• the carers foster and kinship care service provider (due to their carer support responsibilities).

Provide the carer with written notice of the decision to suspend their certificate of approval and the reasons the suspension, using the Letter to carer - immediate suspension.

Ensure the PSU and the CSSC with a child in the care arrangement are aware of the immediate suspension action, and when it will take effect—to enable their action to locate alternative care arrangements for the child. Refer to Remove the child due to a suspension or cancellation decision.

End the immediate suspension

The suspension period commences the day the written notice is given to the carer (the Child Protection Act 1999, section 140AE) and remains in force until the earliest of the following:

• the certificate of approval expires
• the suspension ends because the issue has been resolved 
• the certificate of approval is cancelled.

If the suspension relates to an adult household member, and the delegated officer is satisfied that the person is no longer an adult household member, the delegated officer can decide to end the suspension period. (Refer to Suspension or cancellation due to an adult household member.) In this circumstance, provide the carer with written notice that the suspension has ended, using the ICMS Letter advising end of suspension, and:

• return the certificate of approval to the carer
• close the ICMS alert
• update the carer entity household tab to remove the adult household member
• make sure the Change in carer circumstances form (advising of the person has ceased being an adult household member) is attached to the carer entity’s Monitor and support record in ICMS via the Documents/Comms sub-tab
• record the suspension outcome in the carer entity approval tab in ICMS
• advise the CSU that the carer’s period of suspension has ended and the carer’s approval is active.

If the concern has not been resolved, the delegated officer can proceed to cancel the carer’s certificate of approval. (Refer to Cancel a carer’s certificate of approval.)

Complete administrative requirements for the suspension

Ensure a copy of the suspension letter is provided to the CSU manager (who may have legal obligations associated with the suspension action), and to the carer’s foster and kinship care service provider (to provide additional support to the carer).

Advise the PSU of the action, for their completion of the following tasks:

• record the ICMS alert Carer certificate of authority cancelled/suspended against the carer entity
• record the suspension details in the carer approval tab in ICMS
• link the suspension letter to the carer’s Monitor and support record in ICMS, via the Documents/Comms sub-tab. 

Cancel a carer's certificate of approval

The Child Protection Act 1999 outlines the grounds and procedures for cancelling a foster or kinship carer’s certificate of approval when the certificate:

• may be cancelled (Child Protection Act 1999, section 139)—refer to Propose to cancel the certificate of approval
• must be immediately cancelled (Child Protection Act 1999, section 140AG)—refer to Take immediate action to cancel the certificate of approval.

Consult with Court Services before commencing any action—to clarify whether the grounds for cancellation relate to actions under the Child Protection Act 1999, section 139 or if an immediate cancellation is required in line with the Child Protection Act 1999, section 140AC.

For a provisionally approved carer, refer to Cancel or suspend provisional approval.

Propose to cancel the certificate of approval

The Child Protection Act 1999, section 139, enables the delegated officer to make a decision to cancel an approved foster or kinship carer’s certificate on any of the following grounds:

• the carer is not a suitable person to be a foster carer, or to be a kinship carer for the child in their care
• a member of the carer’s household is not a suitable person (Child Protection Regulation 2023, section 26)
• the carer is not meeting the standards required for carers under the Act (or not meeting another condition of their approval)
• the carer has disregarded or breached a specific requirement of the Act (for example, the Child Protection Act 1999, section 13F, chapter 4 division 5, section 187)
• the decision to approve the carer was, in part, due to false or misleading information 
• because of another circumstance required under the regulations (for example, the Child Protection Regulation 2023, sections 23, 24, or 26)
• the carer or an adult household member does not have a blue card or exemption card
  or
• it is inappropriate for the carer to continue as a carer, based on other information received by the delegated officer or a circumstance prescribed under a regulation.

The Child Protection Act 1999 also provides for cancelling a foster or kinship carer’s certificate of approval when:

• the carer is living with their spouse but does not hold the certificate of approval jointly with their spouse (Refer to Take action when advised of a new spousal relationship.)
• the carer’s approval is held jointly by two persons who are no longer living together, and it is not appropriate for them to continue to hold the joint certificate of approval, except if one or both carers have lodged a new carer application to be assessed as a single carer, then wait until that application is decided. (Refer to Take action when a carer's spousal relationship ends.)

The CSSC manager or PSU manager (as the delegated officer) will consult with:

• Court Services (if this has not already occurred)
• the CSSC manager with case responsibility for a child currently placed with the carer
• the carer’s foster and kinship care service provider (as applicable) or other relevant parties.

Meet with the carer to discuss the proposed action and to explain the process.

Use the Letter of proposed suspension/cancellation of a carer’s certificate of approval to provide the carer with written notice explaining the proposed action and the grounds for the proposed action. In line with the requirements of the Child Protection Act 1999, section 140(1), include:

• their right to make written representations to the nominated person, to show why the action should not be taken
• the timeframe for the carer to provide the written information—being at least 28 days.

Take into account the written information provided by the carer before making a final decision. If there are not sufficient grounds to cancel the certificate of authority, the delegated officer will advise the carer that the cancellation will not proceed. Also provide this outcome to:

• the carer’s foster and kinship care service provider (if relevant)
• the CSSC manager who was initially consulted about the proposed action.

Proceed with the cancellation

If the carer has not provided a written submission, or if the delegated officer considers the grounds remain to cancel the certificate, proceed with the cancellation. The Child Protection Act 1999, section 140, outlines the procedure to be followed.

Within 10 days of making this decision the delegated officer will provide the foster carer or kinship carer with written notice of the decision—use the Letter of decision to cancel/suspend a carer’s certificate of approval, and include:

• the reasons for the decision
• their right to request QCAT to review the decision (Child Protection Act 1999, section 140(5))
• a request to return the certificate of approval within 7 days (Child Protection Act 1999, section 141).

Ensure the PSU and the CSSC with a child in the care arrangement are aware the cancellation action is proceeding, and when it will take effect—to enable them to make alternative care arrangements for the child. Refer to Remove the child due to a suspension or cancellation decision.

Refer to Complete administrative requirements for the cancellation.

Take immediate action to cancel the certificate of approval

In line with the Child Protection Act 1999, section 140AG, the delegated officer must immediately cancel a foster or kinship carer’s certificate of approval when Blue Card Services issues a negative notice to the carer:

• under a prescribed provision
• other than under a prescribed provision­—and to take this action if the carer does not seek a review of the Blue Card Services decision, or they apply for a review, and the Blue Card Services decision is upheld by QCAT.

Action to cancel the carer’s certificate of approval must also occur when a negative notice is issued to an adult household member, and the delegated officer is satisfied that the person continues to be an adult household member (refer to Suspension or cancellation due to an adult household member). The timing of the cancellation action will vary depending on the following circumstances:

Consult with Court Services to confirm that the grounds for suspension relate to the to the Child Protection Act 1999, section 140AG.

Wherever possible, meet with or contact the carer to discuss the cancellation action (taking into account the timeframe for the action). Advise other parties affected by the decision, such as:

• the CSSC manager with case responsibility for a child currently placed with the carer of the suspension action (due to their need to remove the child from the care arrangement)
• the carers foster and kinship care service provider (due to their carer support responsibilities).

Provide the carer with written notice of the decision to cancel the certificate of approval and the reason for the cancellation, as well outlining their right to apply to QCAT to have the decision reviewed. Use the Letter to carer - immediate cancellation.

Complete administrative requirements for the cancellation

Ensure a copy of the cancellation letter is provided to the CSU manager (who may have legal obligations associated with the action), and to the carer’s foster and kinship care service provider (to provide additional support to the carer).

Advise the PSU of the action, for their completion of the following tasks:

• record the ICMS alert Carer certificate of authority cancelled/suspended against the carer entity
• end the current carer approval in ICMS with an end reason of cancelled
• link the cancellation letter to the carer’s Monitor and support record in ICMS, via the Documents/Comms sub-tab.
• complete the ICMS form Advice to QFKC: End of carer approval form and send to QFKC to enable to be offered an exit interview by QFKC (for Child Safety affiliated carers).

Suspension or cancellation due to an adult household member

If the suspension or cancellation decision relates to information from Blue Card Services about the adult household member, and there is an indication that the person may no longer be a household member, the delegated officer will require more information to be satisfied of their status. The information will assist in determining whether to:

• end the period of suspension
• remove the child from the care arrangement
• cancel the certificate of approval.

This information may be obtained from:

• the Change in carer circumstances form provided by the carer at the time when the person stopped being a household member or alternatively, reasons why this information was not provided by the carer (as they have a legal obligation to complete this form in line with the Child Protection Act 1999, section 141G)
• the carer, either as part of their written submission to Child Safety or from a discussion with Child Safety about the proposed suspension
• information from the carer’s foster and kinship care service provider or the CSO who is in regular contact with the carer household, that corroborates the person’s changed circumstances.

If the adult household member is proposing to leave or has only just left the carer household, request further information about that person’s ongoing contact with the carer’s household, such as assessing:

• the likelihood of the child continuing to have further contact with the adult household member
• whether the person may pose a risk to the child, even if no longer residing in, or in regular contact with, the carer household
• the immediate safety of any child in the care arrangement.

Remove the child due to a suspension or cancellation decision

When a carer’s certificate of approval is suspended or cancelled, they no longer have the authority to provide care to a child who is subject to a care agreement, or is in the custody or guardianship of the chief executive.

The Child Protection Act 1999, section 90, requires the foster or kinship carer and the child to be provided with a written notice of this decision—except if the child has only been in the carer’s care for less than 7-days or is subject to a care agreement.

The CSSC manager (with case responsibility for the child placed), as the delegated officer for this decision, will use the Letter to carer—removal of child (section 89) to advise the reasons for the removal decision and whether they are entitled to have the decision reviewed by QCAT or by an internal review process. Refer to the Child Protection Act 1999, section 91.

Link the letter to the carer entity’s Monitor and support record in ICMS via the Documents/Comms sub-tab.  Provide a copy of the letter to the Office of the Public Guardian. (Rrefer to the Public Guardian Act 2014, section 89(1)(a)).

Respond when a carer applicant applies or is a Child Safety employee

The policy Placement of children with Child Safety employees, acknowledges that Child Safety staff members, like any other eligible Queensland resident, may be interested in being an approved carer. The policy outlines the additional considerations that apply to a staff member (or a person working  on a traineeship or student placement), who:

• applies to be assessed as a foster carer or kinship carer
• is an approved carer prior to commencing employment in Child Safety.

The staff member will, if possible, advise their line manager (or PSU manager) prior to lodging the carer application documents—to enable a discussion about the issues, risks and potential challenges of being both a staff member and an approved carer, including:

• the identification of potential, perceived or actual conflicts of interest in the dual role so that these can be declared (Refer to the policy Conflict of interest.)
• 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 the professional role, should a standards of care review or harm report arise in relation to a child placed in their care.

Arrange for the assessment of an employee's carer application

Refer to Initial carer assessment requirements or Renewal assessment requirements.

The following matters should be addressed:

• ensure the assessor has no personal or professional relationship with the employee
• determining if a referee report is to be requested from the employees’ manager (refer to Consider requesting referee checks)
• that the employee and their manager have explored potential, perceived or real conflicts of interest and confidentiality (refer to the policy Conflict of interest), and a decision made as to whether a Conflict of interest declaration form (completed in Sharepoint) is required
• receiving advice from the PSU about referring the assessment to the carer assessment panel (refer to Convene a carer assessment panel)
• including in the Advice to regional director form, an outline of the identified issues arising from the proposed dual role of employee and carer, and an outline of the proposed management strategies to address these.

As the regional director is responsible for deciding to approve or refuse carer applications from Child Safety employees, submit the following completed assessment documents to the regional director:

For a foster care applicant who is employed in a direct service delivery role, the regional director will be satisfied the following exceptional circumstances apply:

• 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 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.

The delegate will be satisfied that the requirements of the Child Protection Act 1999, section 135 are met, and may also:

• consider any recommendations or conditions proposed by the assessor or carer assessment panel
• make any comments specific to the employee’s proposed or actual carer role in the Advice to regional director form
• complete the ICMS form—Form 4: Approval decision.

The PSU will complete or co-ordinate the following actions:

• arrange for a Letter of approval as a foster carer or a Letter of approval as a kinship carer (available in ICMS) to be provided to the carer (if approved), along with the signed certificate of approval
• update the carer entity ICMS records, including the decision outcome
• provide a copy of the completed Conflict of interest declaration form (completed in Sharepoint) 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 if applicable, to the foster and kinship care service provider to whom the carer is affiliated.

If the employee’s carer application is refused, refer to Refuse the initial carer application or Refuse the application for renewal.

Respond when an approved carer joins Child Safety as 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.

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

• advises the employee of their obligation to inform their line manager of their carer role, or possible carer role
• meets with the approved carer 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
  • 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.

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.

If the employee or their line manager identifies a conflict of interest, the employee will complete the Conflict of interest declaration form in Sharepoint.