Respond to concerns about the standards of care or harm to a child in care

This procedure applies to a child who is placed under the Child Protection Act 1999, section 82(1), in a family based or non-family-based care arrangement, including care arrangements with other entities—refer to Types of care arrangements.  

Meet legal obligations

Child Safety staff members, employees of family-based and non-family-based care service providers, licensees of care services providing care to children, approved carers and adult members of the Queensland community have a range of legal obligations to keep children safe in care arrangements. In particular:

Receive concerns about a child's care arrangement

Concerns about a child in care may be received from a mandated notifier, (refer to Meet legal obligations), another professional, the child, a member of the child’s family, or anyone else who has contact with the child or their care arrangement. (Refer to the policy Responding to concerns about the standards of care.)

The CSO who receives the concerns will gather relevant information from the notifier (including a Child Safety staff member) about:

• the quality of care the child is receiving as a child in care
• any suspicion the child is being harmed or has been harmed by a carer or a member of their household, or by a staff member in a non-family-based care arrangement
• the basis for the concerns or suspicion
• when the concern was first identified or when the incident occurred
• the impact on the child, if known.

If the concerns are received by CSAHCS and urgent action is required to assess the child’s safety, refer to Concerns received by the Child Safety After Hours Service.

Record and communicate the concerns

Record the concerns as soon as possible, in a Standards of care case note in the child’s placement event. Include the contact details of the person providing the information and clearly document that the person providing the information is the notifier—to provide them with protection in line with the Child Protection Act 1999, section 186A, if the matter becomes a harm report.

If the concerns are initially received by a  CSSC with case responsibility for the subject child, advise the senior team leader in the following CSSCs of the concerns and make sure the Standards of care case note is accessible:

• the CSSC responsible for case management of any other subject child
  and
• the CSSC responsible for the carer or the CSSC responsible for the geographical area in which the non-family-based care arrangement is located.

If the concerns are received by the RIS, CSAHSC or another CSSC without case responsibility for the subject child, contact the senior team leaders from the CSSCs involved in the matter (as above) and tell them of the concerns, the Standards of care case note and the relevant placement event ID.

Establish who is responsible for leading the response

For a child placed with a carer, the CSSC responsible for the carer will be responsible for leading the response, regardless of whether that CSSC has case responsibility for the subject child.

For one or more children placed with a non-family-based care service provider, where case responsibility is held by one CSSC, that CSSC will be responsible for the response.

For subject children placed in a non-family-based care service whose case responsibility is held by different CSSCs, the CSSC responsible for the geographical area the care arrangement is located will be responsible for the response.

If the CSSC responsible for the geographical area where the non-family-based care arrangement is located does not have any children placed with the service, the senior team leader with case responsibility for a subject child will be responsible for the response. This will be negotiated by the CSSC managers, who will consider:

• whether any of the CSSCs have recently conducted a standards of care review or an investigation and assessment relating to the care arrangement or subject child
• whether any of the CSSCs have a well-established working relationship with the service provider (for example, one CSSC may have placed the most children with the service)
• whether a CSO with case responsibility for a subject child has a strong working relationship with one or more of the subject children
• other practical issues, such as which CSSC is located closest to the care service.

Consult to consider the response

Arrange a standard of care consultation meeting (SOC consultation meeting) with the following participants to discuss relevant information, exchange views and consider the response to the concerns:

• the foster and kinship care service provider or the non-family-based care service provider
• the CSO for the subject child
• the CSSC with case responsibility for another subject child or children
• the cultural practice advisor for an Aboriginal or Torres Strait Islander child or another Aboriginal and Torres Strait Islander staff member (Refer to Procedure 1 Seek cultural advice.)

The response decision will be made by the delegated officer at or following the SOC consultation meeting. (Refer to Decide the response decision.)

If a decision is made by the delegated officer at the SOC consultation meeting to respond with a standards of care review or a harm report, use the opportunity to:

• develop a plan for how the standards of care review will be completed (Refer to Plan the standards of care review.)
  or
• develop a plan for how the investigation and assessment of a harm report. (Refer to Plan the investigation and assessment.)

Involve the family-based or non-family-based service provider

Prior to the SOC consultation meeting, advise the foster and kinship care service provider or the non-family-based care service provider of the concerns. 

Where possible:

• Ask the service provider to complete the SOC consultation form (foster and kinship care service provider) or the SOC consultation form (non-family-based care service provider).

• Arrange for a senior staff member from the CSSC responsible for the response decision to facilitate the discussion.

If the service provider is unable to complete the SOC consultation form, ask them to provide the information verbally at the SOC consultation meeting. Record a summary of this information in the Concerns, consultation and response decision form in ICMS.

Involve the Child Safety Officer with case responsibility for another subject child

Advise the CSSC with responsibility for any other subject child in the care arrangement of the concerns  and invite a practitioner from the CSSC to participate in the SOC consultation meeting.  Ask the practitioner to provide the following information:

• their subject child’s child protection history (including harm reports and concerns about the standards of care they have received) for the purpose of considering cumulative harm impacts
• the child’s level of support needs (Refer to Determine the child’s level of support needs.)
• information about the child’s specific needs and the resources being provided to meet these
• the currency of the placement agreement for the child and whether the intended supports are being or have been provided
• any emerging matters relevant to the care of the child or the care arrangement
• the frequency, recency and nature of the CSO’s contact with the child and their care arrangement.

If the practitioner is unable to participate in the SOC consultation meeting, ask them to provide the information in writing before the meeting. This will enable it to be considered by other meeting participants.

Consider the child’s needs, circumstances and experiences

In addition to the information provided by the foster and kinship care service provider or the non-family-based care service provider and the other CSSC responsible for a subject child, access relevant ICMS events to identify:

• episodes of abuse or neglect and adverse circumstances in the child’s history that are indicative of cumulative harm and chronic maltreatment 
• risk factors demonstrated by past concerns relating to the carer or the non-family-based care service provider
• factors that may exacerbate the vulnerability of the subject child
• strengths and protective factors.

Make the response decision

The delegated officer is responsible for the response decision, which will be either:

• the CSSC manager—for a decision to respond with a harm report
  or
• the senior team leader—for a decision to respond with a standards of care review.

In deciding the response to the concerns, the delegated officer will take into account:

• what is reasonable, having regard to the length of time the child is in the care arrangement, and the child's age and development—refer to the Child Protection Act 1999, section 122(4)
• the child’s needs, circumstances and experiences
• the information and views shared by the participants at the SOC consultation meeting.

The delegated officer will decide to respond:

• with a harm report when there is a reasonable suspicion that the child may have experienced harm due to the actions or inactions of their carer or an adult member of their household, or a staff member in a non-family-based care arrangement. (Refer to Investigate and assess a harm report.)
• with a standard of care review when there is a reasonable suspicion that the child’s carer may not have met, or be meeting, one or more of the standards of care as outlined in the Child Protection Act 1999, section 122. It is not appropriate to select this response if it is suspected the child may have also experienced harm—in which case a harm report will be recorded.

If a decision is made that the threshold for a standard of care review or a harm report is not met, refer to Respond proactively to emerging issues.

Following approval of the decision  by the delegated officer:

• Inform the foster and kinship care service provider or the non-family-based care service provider, and the CSO for another subject child of the response to the concerns.
• Advise the notifier of the response decision (if they are from a government or non-government agency and they asked to be given this information). (Refer to Procedure 1 Provide feedback to government and non-government agencies.)

Record the response decision

For a decision  to record a standard of care review or a harm report, create a Standards of care event in ICMS and include all the relevant parties field to this event:

• subject child or children
• carer entity (for an approved carer)
• care service entity (for a non-family-based care service provider)
• the person details of a staff member in a non-family-based care arrangement identified in the concerns, or if one does not currently exist, create a person record in ICMS 
• other children placed with the carer or the non-family-based care arrangement (under the Child Protection Act 1999, section 82(1)) who are not subject children in the standards of care review or harm report.

Use the  edit roles button to select an event role for each party, based on the information outlined in the concerns. For a harm report, include the role of alleged person responsible — noting that a person can be assigned more than one role.

Complete the Concerns, consultation and response decision form in ICMS, documenting:

• the specific details of the concerns including:
  • those identified by the initial notifier
  • a summary of all additional concerns identified by the service provider or Child Safety during the consultation process (Refer to Consult to consider the response.)
• other relevant contextual information 
• the rationale for the response decision
• who made the response decision and the date of the decision.

Attach the written information provided by the foster and kinship care service provider or the non-family-based care service provider to the SOC event in ICMS.

If a SOC consultation meeting occurs and a decision is made not to record a standard of care review or a harm report:

• create a Care arrangement support case note in the placement event
• record details of the SOC consultation meeting, including
  • the details of all participants
  • a summary of the information shared by all participants
  • the views of all the participants about the appropriate response
• record the CSSC manager or senior team leader’s decision that a standard of care review or harm report is not appropriate and the reasons for this decision
• record the action that will be taken to support the care arrangement to ensure an issue does not continue to escalate. (Refer to Respond proactively to emerging issues.)

Take additional actions in response to specific matters

The CSSC responsible for leading the response decision will also complete the following actions:

Respond to other specific concerns

If a child in a care arrangement is harmed or at risk of harm by their parent during a family contact visit, refer to Procedure 5 Respond to child protection concerns related to family contact. Provide support to the child to access relevant counselling and medical services arising from the harm.

If concerns relate to care provided to a child more than 12 months ago, refer to Respond to historical concerns.

If concerns are received from the Redress Request for Information Team, refer to the Receive concerns through the Redress Scheme.

If concerns are about the care provided to a child subject to a long-term guardianship order to a suitable person or a permanent care order, refer to Procedure 1 Information about a child with a long-term or permanent guardian.

If concerns allege harm to a child by another child in the care arrangement, consider and respond to the needs of both children. (Refer to Assess harm by another person.)

Receive concerns through the redress scheme

The RIS (or CSAHSC if outside of business hours) may receive information from the Redress Request for Information Team, when a person who is alleged to have sexually abused a child in care may pose a current risk to a child in care, because they continue to be:

• an approved foster, kinship or provisionally approved carer
• a director, nominee or staff member of a licensed service provider
  or
• is otherwise identified to have regular contact with a child in care.

The RIS or CSAHCS will refer to the Child safe reporting guidelines under the National Redress Scheme, and take the following actions as relevant:

• Provide information to the QPS (if appropriate) in line with the Child Protection Act, section 14(2) and (3)—refer to Procedure 1 Report information to the Queensland Police Service.
• Before completing the Police referral, check if the information is protected under the National Redress Scheme, as it may require the making of a blind report to QPS.
• Document the information in line with the requirements in Record and communicate the concerns. 

Respond to a report of harm by a person living outside the care arrangement

If information is received about a child being harmed by a person who does not live or work in the care arrangement, only record a harm report if it is reasonably suspected that the actions or inactions of the carer or non-family-based care service provider has:

• contributed to the alleged harm
  or
• failed to protect the child from the alleged harm.

To determine whether to record a harm report in these circumstances consider:

• the contributing role of the carer or service provider (for example by allowing unsupervised contact contrary to the child’s case plan or placement agreement, resulting in harm to the child)
• the protective capacity of the carer or non-family-based care service provider and their response to the child (for example, whether they are supporting the child and taking protective action or if they have rejected the child or refused to take action to ensure the child’s safety)
• the ability and willingness of the carer or non-family-based care service provider to protect the child, including whether they:
  • support the child, believe the child or blame the child for the harm
  • have an ongoing relationship or connection with the alleged person responsible that will affect their ability to protect the child
  • are able to protect the child but are unwilling to do so, due to identified factors (for example, the alleged person responsible may be a relative or friend of the carer, or an influential person, which may create a conflict of interest and prevent the carer from acting protectively).

If the information received does not indicate that the carer or staff member contributed to the harm the child experienced, and does not indicate that the carer or staff member failed to protect the child from harm, respond to the matter in line with usual intake processes. (Refer to Procedure 1 Decide the intake response.)

Respond to a report of harm by another household member

If information is received about a child being harmed by a person who is a member of the care arrangement household, record a harm report if the household member is:

• an adult other than the child’s carer or a staff member in the non-family-based care arrangement where the child is placed
• another child in care and residing in the care arrangement. (Refer to Assess harm by another person.)

Concerns received by the Child Safety After Hours Service Centre

If the CSAHSC receives information indicating that a harm report is  appropriate, refer to Record and communicate the concerns.

If the CSAHSC receives information that meets the threshold for a harm report, but no further action is required before the CSSC opens on the next business day, the CSAHSC will:

• record the information in ICMS in a Standards of care case note in the placement event, and include the notifier’s contact details (and whether a notifier from a government or non-government agency requested feedback)
• email the information to the CSSC responsible for the carer and the CSO with case responsibility for the subject child
• call the CSSC and CSO the next business day to make sure the email has been received and have located the Standards of care case note in ICMS.

If the CSAHCS receives information that meets the threshold for a harm report and action by the CSAHSC is required before the relevant CSSC opens the next business day, the CSAHSC will:

• seek approval for the decision to record a harm report from the relevant CSSC manager
• take any necessary actions to ensure the child’s safety
• commence the investigation and assessment within the 24-hour response timeframe
• create a Standards of care event in ICMS
• complete the harm report and record all actions taken in the Harm report―I&A event in ICMS
• email the information to the CSSC responsible for the approved carer or, if the child is placed with a non-family-based care service provider, to the CSSC with case management for the child
• phone the relevant CSSC on the next business day to ensure they are aware of the matter and have located the relevant information in ICMS.

Complete a standards of care review

The focus of this response is on reviewing if the care a child is receiving in their care arrangement has met or is meeting each of the legislated standards of care—refer to the Child Protection Act 1999, section 122.

Plan the standards of care review

Develop a plan in partnership with the foster and kinship care service provider or the non-family-based care service provider, and if relevant, a CSSC responsible for another subject child, prior to commencing the standards of care review.

The CSSC responsible for the standards of care review will lead the development of a plan to address the key actions, such as:

• telling the carer or staff member of a non-family-based care arrangement of the standards of care review and explaining they can arrange to have a support person attend the discussion
• providing and discussing the Information sheet for carers and care service staff
• planning who will lead the discussion about the concerns with the carer or staff member (Refer to Discuss the standards of care concerns with the carer or staff member.)
• checking the current placement agreement to see if it is up to date and whether the documented supports and actions are being actioned
• talking with the subject child
• gathering additional information if required
• developing contingency plans for responding to issues and difficulties that may impede the timely completion of the standard of care review.

For a standard of care review in a non-family-based care arrangement the plan will also consider:

• how to arrange the discussion of the concerns with staff members who work rostered hours outside business hours
• access the service’s procedures or training documentation, where relevant.

Obtain verbal approval for the plan from the senior team leader and record it in the Standards of care review report in the SOC event in ICMS.

Discuss the standards of care concerns with the carer or staff member

Arrange for the concerns to be discussed with the carer. This can be undertaken by either:

• the support worker from the foster and kinship care service provider (or another nominated staff member)
• the CSO or another Child Safety nominated staff member
  or
• jointly by the CSO and the support worker from the foster and kinship care service provider.

The CSO or other Child Safety practitioner will lead the discussion of concerns with a staff member of a non-family-based care service.

Use solution focused questions or an appreciative enquiry approach to explore:

• the carer's or staff member's understanding of the specific standards of care being reviewed and how the standards are applied to their daily care of the child
• their account of the circumstances surrounding the issue or concern
• aspects of their care role they feel are working well for them, and those presenting challenges at this time.

Use the information provided to consider whether there may be additional or different supports that could assist the carer or staff member in their caring role. (Refer to the practice kit Care arrangements, Example questions for engaging carers.)

Speak with the child about their experience

The CSO will have a face-to-face discussion with the child about their experience of the care arrangement and the identified concerns. Before talking to the child make sure to:

• Let the child know they can have a support person present.
• Consider the child’s communication needs and arrange any supports if required.
• Provide and explain the Information sheet for children and young people.
• Arrange a location where the child is more likely to feel safe and comfortable.

An Aboriginal or Torres Strait Islander child may wish to be supported by an independent person. The CSO can assist to make these arrangements if a child consents to having an independant person support them. (Refer to Procedure 5 Make arrangements for an independent person.)

Ensure the child is given the opportunity and support they need to express their views and wishes, and to raise matters about the quality of care they are experiencing, including how their rights under the  Child Protection Act 1999, schedule 1, are being met. Genuinely listen to and attempt to understand and record their wishes so that they can be considered in the standards of care review.   

Identify contributing factors

Ensure the assessment considers how the actions or inactions of Child Safety and the foster and kinship care service provider or the non-family-based care service provider may have contributed to the concerns. Consider:

• the frequency, adequacy and nature of contact by the CSO with the child and the care arrangement
• the frequency, adequacy and nature of support provided by the foster and kinship care service provider to the carer, given the carer’s level of experience and needs and the complexity of the child’s needs
• the support and supervision provided to the staff member, taking into account their experience and the complexity of the child’s needs
• the nature and recency of the training provided to the carer or staff member in a non-family-based care arrangement relevant to the concerns
• whether the key activities in the child’s case plan are being actioned in a timely and responsive way by members of the child’s safety and support network
• the progress of actions following the outcomes of previous standards of care reviews or harm reports, where relevant
• the presence of additional stressors in the care arrangement such as changes in the household, personal stress, or issues with the management of the child’s challenging behaviours.

Respond when additional concerns become apparent

Additional concerns received during a standards of care review that do not indicate harm to the child will be recorded as new concerns in the Additional notified concerns section of the Standards of care review report form in ICMS. The concerns will be responded to as part of the open standards of care review.

If harm or suspected harm becomes apparent during the review process:

• immediately consult the senior team leader and senior practitioner

• tell the foster and kinship care service provider or non-family-based care service provider about the new concerns, and seek additional information from them and their views about the response decision—refer to Involve the service provider

• consult the CSO for the child, if case responsibility for a subject child is with another CSSC—refer to Involve the Child Safety Officer with case responsibility for the subject child.

Recommend an appropriate response to the concerns. The CSSC manager will decide whether a harm report is to be recorded—refer to Delegated officer – response to concerns in a care arrangement.

Record the information in relation to the harm in the open Standards of care review report  in ICMS and identify harm in the ‘outcome decision’ section of the report. A harm report will be automatically created in ICMS. (Refer to Investigate and assess a harm report.)

Decide the outcome of the standards of care review

Complete the Standards of care review report in ICMS

• Analyse the information obtained from all sources.
• Consult the senior team leader and senior practitioner.
• Seek the views of the foster and kinship care service or the non-family-based care service provider, particularly if they have had an active role in the standards of care review.
• Take into account the contextual and systemic factors that have impacted on the child’s care.
• Propose an outcome and provide a rationale for this assessment.

A standards of care review will result in one of 2 outcomes:

• standards met  
• standards not met.

Standards met

This outcome is recorded if it is determined that:

• the care provided to the child is in line with the required standards of care
  and
• there is no indication that the child has experienced harm.

Standards not met

This outcome is recorded when it is determined that:

• the care provided to the child has not met the required standards of care
  and
• there is no indication that the child has experienced harm. 

The specific standards of care that have not been met, as outlined in the Child Protection Act 1999, section 122, must be identified.

The standards of care may not be met due to the individual or collective actions or inactions of the carer, care service staff, or Child Safety, as members of the safety and support network.

Tell relevant parties of the standards of care review outcome

When the outcome has been approved by the senior team leader, provide verbal advice of the outcome to:

• the carer and the manager or coordinator of the foster and kinship care service supporting the carer
• the manager or coordinator of the non-family-based care service provider—who is then responsible for advising the staff members identified in the standards of care review
• the subject child, if age and developmentally appropriate
• each CSO responsible for a child placed with the carer or care service.

Provide written advice of the outcome, only if this is requested , using the:

•  Letter to carer―standards of care review outcome.
  or

• Letter to care service―standards of care review outcome.

If a party is not happy with the process or outcome of the review, let  them know they may make a complaint or seek a review of the process. (Refer to Respond to a complaint or request for the review of a decision.)

Respond when the standards of care are not met

If the standards of care review has an outcome of ‘standards not met’, the actions that need to be taken vary depending on the type of care arrangement:

• For a child placed with a foster or kinship carer, the CSSC responsible for the standards of care review will ensure the placement agreement for the child is reviewed. The CSSC may also recommend the completion of additional processes where these are relevant, such as:
  • a review of the foster carer agreement, for a foster carer
  • reviewing carer suitability. (Refer to Review carer suitability.)
• For a child placed in a non-family-based care arrangement, the CSSC responsible for the standards of care review will ensure an action plan is developed by the service provider. (Refer to Ensure an action plan is developed by the non-family-based care service provider.)

Review the placement agreement for a child placed with a carer

Review the placement agreement in partnership with the foster and kinship care service provider, or the non-family-based care service provider to:

• revise the care tasks relating to the child’s identified needs and family contact arrangements
• identify any additional supports that will assist the care arrangement to meet and provide the standards of care for the child.

Refer to Review the placement agreement.

Review the foster care agreement 

For a child placed with a foster carer, consider whether a review of the foster carer agreement is required. (Refer to Consider an additional, early review of the foster carer agreement). If the carer is supported by a foster and kinship care service provider, the agency will lead the foster carer agreement. The CSSC may also be involved in this discussion if a carer has a history of not meeting the standards of care.

The additional review will examine:

• the number of children and the types of care arrangement the carer is willing and able to care for
• the carers learning and development areas and how these will be met
• elements of support identified by or needed by the carer
• supports that individual members of the carer’s family need or require
• any support needs and strategies for managing or resolving conflicts of interest, if applicable, for a Child Safety employee who is also a carer. (Refer to Respond when a carer applicant applies or is a Child Safety employee.)

Work with the non-family-based care service provider to develop an action plan

If the standards of care review outcome is ‘standards not met’, an action plan will be developed by the non-family-based service provider to address the standards of care that have not been met.  The service provider, will work in partnership with Child Safety to develop a suitable plan to help ensure the standards of care are met and maintained for the child. Refer to Ensure an action plan is developed by the non-family-based care service provider.

Also consider whether an early review of the placement agreement for the child is required. (Refer to When to undertake an early review of the placement agreement.)

Record the standards of care review

Following the review of the placement agreement (or, for a child placed with a non-family-based  care service provider, the action plan):

• complete the Standards of care review report in ICMS
• seek senior team leader approval for the Standards of care review report in ICMS.

When the senior team leader approves the Standards of care review report, the Standards of care event will be closed in ICMS.

Investigate and assess a harm report

An investigation and assessment of a harm report will be allocated to an authorised officer with the required level of skill and experience to manage the specific matter, taking into account: 

• the complexities of the allegations, including possible barriers to disclosure
• the subject child’s circumstances and specific needs
• the involvement of the QPS in investigating the allegations
• the historical nature of the allegations (if relevant)―refer to Respond to historical concerns.

In line with the Child Protection Act 1999, sections 14(2) and (3), immediately notify the QPS using the Police referral if the information received about the harm to the child involves allegations that indicate the commission of a criminal offence relating to the child. For further information, refer to Procedure 1 Report information to the Queensland Police Service.

If the harm report alleges harm to a child by a carer or an adult member of their household, the investigation and assessment will be undertaken by 2 CSOs, or a CSO and the QPS if a joint investigation is required.

If the harm report alleges harm by a staff member in a non-family-based care arrangement, the investigation and assessment will be undertaken by:

• an authorised officer nominated by the CSSC manager, together with the manager or coordinator of the non-family-based care arrangement
  or
• a CSO and the QPS if a joint investigation is required.

If the child is placed in a care arrangement under a care agreement, the consent of the child’s parents is required before the child is interviewed.

Plan the investigation and assessment

Plan the investigation and assessment with:

• the foster and kinship care service provider or the non-family-based care service provider
• the CSO with case responsibility for each subject child
• the senior team leader and/or senior practitioner of the CSSC responsible for the investigation and assessment
• the Child Safety planning officer, who will consult with the QPS if a joint response is required—refer to Consult with the Queensland Police Service to decide if there will be a joint response
• the QPS (if appropriate.)

Consider additional matters as outlined in the Checklist for planning an investigation and assessment of a harm report and the Harm report – I&A plan in ICMS.

Once the planning process is completed:

• Gain verbal approval for the plan from the senior team leader.
• Record the plan in the Harm report—I&A plan form under the Investigation and assessment planning tab in ICMS.
• Provide a copy of the investigation and assessment plan to those responsible for investigation and assessment activities. 

Provide information to relevant parties

If the approved investigation and assessment plan identifies it is appropriate to pre-arrange interviews, determine whether the Child Safety practitioner or the service provider will contact the carer or the staff member of a non-family-based care arrangement. The CSO will contact the child (if age and developmentally appropriate.)

Tell the child and carer or the staff member of a non-family-based care arrangement:

• that an investigation and assessment will be undertaken in response to concerns received about the care arrangement 
• of their right to have a support person present during their interview, and to have assistance with identifying options for accessing support.

Provide written advice

Complete the Letter to carer/staff member—advice of harm report. This can be provided to the carer or the staff member at the time of the interview, or at any time prior to the interview.

Also provide a copy of the letter, where relevant, to:

• the manager or coordinator of the foster and kinship care service or the non-family-based service provider
• the regional Investment and Partnership team or relevant staff of another government agency, if a care service is funded or regulated by that agency.

Attach a copy of the letter to the Harm report—I&A event in ICMS.

Interview relevant parties

In circumstances where the investigation and assessment  cannot be commenced within this timeframe, a QPS officer or health professional may sight the child and provide Child Safety with information in relation to their safety.

The CSSC manager is responsible for seeking the regional director’s advice in situations where it is not possible to commence an investigation and assessment within the required 24 hours.

Gather relevant information in the interviews

Ensure relevant information is gathered that will enable an assessment to be made of:

• whether the child has experienced harm in the care arrangement—refer to Assess harm
• whether there is a future risk of harm—refer to Assess the risk of harm
• whether the standards of care are met—refer to Discuss the standards of care concerns with the carer or staff member
• the effect the concerns have had on the child’s safety and wellbeing—refer to Assess cumulative harm
• whether an immediate change of care arrangement is required—refer to Remove a child from the care arrangement
• whether systemic or contextual factors have contributed to the standards of care not being met for the child—refer to Identify contributing factors
  and
• whether further children can be placed with the carer or care service while the investigation and assessment is undertaken.

Record all interview information in the Record of interviews form in ICMS from the Information gathering and interviews tab in the Harm report—I&A event.

Interview the subject child

Before interviewing the subject child or subject children make sure:

• the interview does not occur in the presence of the carer or staff member who is the subject of the allegations
• the child has been given the Information sheet for children and young people and the contents have been discussed with them (considering their age and ability to understand)
• the support person (if relevant) has been provided with information to help them understand their role and to ensure they are aware of the requirement for confidentiality under the Child Protection Act 1999, section 188. (Refer to the practice guide The role of a support person.)

Complete face-to-face interviews with each subject child who is able to communicate. If the child has a disability, arrange appropriate communication support or aides required to enable their participation.

Explore the child’s account of the alleged concerns. Gather information about their concerns, worries and experiences in the care arrangement.

Record the child’s views and information they provide about their experiences in the care arrangement to ensure they are considered in the assessment.

Arrange to interview children currently in the care arrangement and any other child who was placed there at the time of the concerns.

If the child is subject to a care agreement, obtain the child’s parents consent to interview the child.

Interview the carer or staff member

When interviewing the carer or staff member, ensure they are treated fairly, without bias, professionally and courteously and that the process is timely.  

Before interviewing the alleged person responsible:

• Make sure the person has been given the Letter to carer/staff member—advice of harm report and the Information sheet for carers and staff members, if these have not previously been provided.
• Make all reasonable attempts to accommodate the attendance of a legal representative, where this will not unreasonably delay the interview.

If the carer or staff members asks about recording the discussion, provide the advice they may record the discussion (in a harm report interview).  They are the owner of the interview material they record, and are responsible for retaining  these recordings. Ensure that the carer or staff member is aware that they are not permitted to communicate or publish any part of audio or video recordings to any person, except in accordance with the Child Protection Act 1999.

Make sure that interviews are also undertaken with:

• other persons allegedly responsible for the harm to the child through their actions or inactions
• both carers listed on the certificate of approval
• adult household members or other staff members in the care arrangement who may have relevant information.

Analyse the information

Take a holistic approach and expand the assessment focus beyond whether an alleged incident or abusive action did or did not occur. Include a focus on the risk of future harm, consideration of cumulative harm, and an assessment of whether the standards of care have been and are being met. 

Assess harm

Assess whether the carer’s or staff member’s interactions with the child has had any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing, taking into account the impact of cumulative harm. (Refer to the Child Protection Act 1999, section 9.)

For a detrimental effect to be of a significant nature it will:

• have more than a minor impact on a child’s physical, psychological or emotional wellbeing
• be substantial, serious and demonstrable—that is, measurable and observable on the child’s body and/or in the child’s functioning or behaviour.

A detrimental effect of a significant nature is an effect that is likely to be long term (more than transitory) or to adversely affect the child’s health or wellbeing to an extent that the general public would consider unacceptable.

If the actions or inactions of Child Safety staff caused a significant detriment to child, refer to the policy Response to children who have experienced significant detriment caused by the actions or inactions of Child Safety.

Assess cumulative harm

The investigation and assessment of a harm report will also consider whether prior experiences of harm are likely to exacerbate the effect of trauma the child has previously experienced in their family or a previous care arrangement. 

Consider the likely extent and impact of the cumulative harm by considering whether the child has experienced harm over a prolonged period of time due to the impacts of:

• recurring incidents resulting from a single recurring adverse circumstance or event, for example, ongoing neglect
• a series or combination of acts, omissions or circumstances that have a cumulative effect on their safety and wellbeing (Child Protection Act 1999, section 9(4))
• being subject to multiple, different harmful circumstances and events over a long period or concurrently, for example, a combination of persistent verbal abuse, harsh discipline and exposure to domestic and family violence.

Assess risk of harm

Although the immediate focus of the investigation and assessment is on whether the child has been harmed, the risk of future potential harm to the child in the care arrangement is considered throughout the assessment of the harm report.

During the assessment and investigation, consider:

• the likelihood that the child will be harmed in the future and the likely level of harm
• the presence of risk factors in the care arrangement and factors that may offset possible risk
• the carer’s or staff member’s understanding of the concerns, and their willingness and ability to work with the child’s safety and support network to mitigate future risk
• evidence that the care arrangement is able to meet the child’s safety needs.

If a significant risk of sexual abuse of a child arises, consult with the senior team leader to make sure all legislative and procedural requirements are being followed, including action to protect the child. If the child or another person has been identified as a victim of crime or act of violence, refer to Procedure 5 Victims of crime.

Assess harm by another person

If it is suspected that a child has been harmed but the harm to the child has not been caused by a carer or a staff member of a care service, the investigation and assessment process will consider:

• how the child is being supported
• how the carer or staff member has been affected by the harm caused to the child by another person and whether they require additional support (including counselling).

If the alleged person responsible for the harm is another child in care, consider and respond to the needs of this child during the investigation and assessment as well as to the needs of the subject child. Refer the child to appropriate support services (for example, medical or therapeutic services) if required.

Also consider whether:

• that child, in addition to the subject child, may have experienced harm while in care
  or
• that child’s harmful actions indicate they may have previously experienced harm (while in the care of their parents or another person) that has not previously been investigated and assessed.

If relevant, record:

• a separate harm report—with the alleged person (child) responsible as a subject child, where the child’s harmful actions indicate that they may have also experienced harm while in care (for example, emerging age-inappropriate harmful sexual behaviours, where there is no known history of the child being sexually abused)
• a notification—if the child’s harmful actions indicate the child may have previously experienced harm while in the care of their parents. For example, it may be reasonably suspected that the child was sexually abused while in the care of his or her parents and this has not previously been investigated and assessed by the department.

If a child may have been sexually abused while they were in care, respond in line with the policy Response to children who are sexually abused while in care, and initiate a review of the child’s case plan to meet the child’s specific needs. (Refer to Procedure 5 When a child is sexually abused while in care.)

Assess the standards of care

Focus the assessment on whether or not the standards of care have been met and are being met for the child. (Refer to Discuss the standards of care concerns with the carer or staff member.)

Complete the investigation and assessment within the required timeframe

The response may not be able to be completed in the required timeframe when:

• the scope and complexity of the assessment requires multiple interviews of a relevant person
• someone declines to be interviewed, or is currently living in a distant location
• additional concerns are received before the investigation and assessment is completed, which need to be addressed
• additional subject children are identified and included in the investigation and assessment
• the allegations are historical, particularly those that date back years or decades
• the QPS request Child Safety not to proceed with interviews of relevant parties to  ensure the integrity of the criminal investigation.

If there are exceptional circumstances that prevent the investigation and assessment being completed within the required 6-week timeframe, arrange for the CSSC manager to write to the carer or staff member to advise them of the delay, the reasons for the delay and to provide an estimated completion date.

Respond to specific circumstances during the investigation and assessment

Respond to additional concerns

If additional concerns about a child’s care are received during an investigation and assessment, the concerns will be responded to as part of the current investigation and assessment.

When responding to the additional concerns:

• record the information in an Additional notified concerns form in the open Harm report—I&A event in ICMS 
• ensure the concerns are addressed with the child and the carer or staff member and assessed as part of the open investigation and assessment.

Harm to children not recorded as subject children

If it is assessed that other children in care who are living in the care arrangement may have experienced harm, but were not recorded as subject children, record them as subject children in the investigation and assessment and include them in the process.

If it is considered that a child who lives in the household but who is not in care may have experienced harm or be at risk of harm, take action in line with usual intake processes. (Refer to Procedure 1 Assess the information and decide the response.)

Take action to remove the child

If, during the investigation and assessment:

• it becomes apparent that the child is at immediate risk of harm or unacceptable risk of future harm in their care arrangement
  and
• protective intervention would not ensure their safety and wellbeing,

the CSSC manager can make the decision to remove the child from the care arrangement. Refer to Remove a child from a care arrangement.

Determine the investigation and assessment outcome

At the conclusion of the investigation and assessment, determine whether the child has experienced harm, or is at risk of harm by:

• assessing the information that has been gathered
• considering all contextual factors specific to the child and their care arrangement.

Recommend an outcome of the investigation and assessment for each child, after consultation with the senior team leader, senior practitioner and if required, the CSSC manager, as well as the taking into account the views of the foster and kinship carer service provider or non-family-based care service provider.

Investigation and assessment outcomes

The investigation and assessment of a harm report will record one of the following outcomes:

• Substantiated—standards not met
• Substantiated harm—standards met
• Unsubstantiated—standards not met
• Unsubstantiated—standards met.

Update the role of person responsible in the Harm report—I&A event to align with the harm report outcome. This may include the need to record more than one person responsible for the harm or harms identified. Also make sure, where appropriate, to:

• update the event role of alleged person responsible to person  responsible
  or
• edit the event role of alleged person responsible to reflect their current role (if they are not the alleged person responsible).

Substantiated―standards not met

The outcome of the investigation and assessment of a harm report is Substantiated—standards not met when it has been determined that:

• the child has experienced harm or is likely to experience future harm
  and
• the actions or inactions of the carer or staff member have contributed to the harm.

When this outcome is reached, record at least one of the carers or a staff member as a person responsible for the harm.

This outcome requires the development of an action plan before the investigation and assessment is finalised. The action plan will address issues relevant to ensuring the child receives the required standards of care in the future. (Refer to Develop an action plan for a carer or Ensure an action plan is developed by the non-family-based care service provider.)

Substantiated harm―standards met

The outcome of the investigation and assessment of a harm report is Substantiated harm—standards met when it has been determined that:

• the child has experienced harm or is likely to experience future harm, but the actions or inactions of the approved carer or staff member have not contributed to the harm (for example, there is no indication a carer or staff member failed to protect a child)
  and
• there is no indication that the carer, staff member or care service has not met the standards of care required under the Child Protection Act 1999, section 122.

When this outcome is reached, the person responsible for the harm will be either:

• another adult who resides in, or frequents, the care arrangement
• another child (if aged 10 years or over and the child is assessed as having the developmental ability or capacity to understand the consequences of their actions)
• a person responsible who is unable to be identified.

This outcome requires a review of the child’s case plan to ensure the child’s needs, identified during the investigation and assessment, are addressed.

Unsubstantiated―standards not met

The outcome of the investigation and assessment of a harm report is Unsubstantiated—standards not met when it has been determined that:

• the child has not experienced harm and is unlikely to experience future harm
  and
• there is an indication that the approved carer or staff member has not met the standards of care required under the Child Protection Act 1999, section 122.

When this outcome is reached, record an Unsubstantiated— standards not met outcome in ICMS.

This outcome requires the development of an action plan before the investigation and assessment is finalised. The action plan will address issues relevant to ensuring the child receives the required standards of care in the future. (Refer to Develop an action plan for a carer or Ensure an action plan is developed by the non-family-based care service provider.)

Unsubstantiated―standards met

The outcome of the investigation and assessment of a harm report is Unsubstantiated—standards met when it has been determined that:

• the child has not experienced harm and is unlikely to experience future harm
  and
• there is no indication that the carer or staff member has failed to meet the standards of care required under the Child Protection Act 1999.

When this outcome is reached, record an Unsubstantiated—standards met outcome in ICMS.

No outcome

In exceptional circumstances, it may not be possible to record an outcome for an investigation and assessment. Exceptional circumstances may include if the investigation and assessment cannot be completed, for example, because the concerns are historical and relevant people cannot be contacted.

Do not record this response if the reason for not assessing and investigating the harm report is resourcing or workload issues.

The senior team leader will consult with the senior practitioner to confirm their assessment and provide a clear rationale prior to approving the recording of an investigation and assessment with no outcome.

If it is not possible to record an outcome for a harm report, complete the Harm report—assessment and outcome form in ICMS and record no outcome in ICMS.

Record the investigation and assessment outcome

Record interview information in the Record of interviews form under the Information gathering and interviews tab in the Harm report—I&A event in ICMS, documenting:

• information about the safety of the child provided by a QPS officer, or the QPS interview of the child where applicable
• content of interviews with the subject child or children, the carer or staff member, and with other persons.

In the Harm report—I&A event in ICMS, check the relevant parties section of the event workspace to ensure the information is up to date. Make sure to:

• add additional parties or persons
• edit roles to reflect any changes
• assign the role of person responsible, if appropriate.

Complete the Harm report—assessment & outcome form in ICMS, documenting:

• an assessment of whether the child has been harmed and whether there is an unacceptable risk of harm
• the person responsible for the harm
• the assessment of whether the standards of care have been met for the child, and if not, which standards have not been met
• whether action was taken to move the child from their care arrangement and the reason for this action.

Submit the Harm report—assessment & outcome to the senior team leader for approval.

Advise parties of the investigation and assessment outcome

Following approval of the investigation and assessment of a harm report, provide advice about its outcome to relevant parties. Provide verbal advice to:

• the child (if appropriate, given their age and level of development)
• the carer or staff member
• the foster and kinship care service provider or the non-family-based-care service provider
• the CSO responsible for any child currently placed with the carer or care service
• at least one parent of the child, or the long-term guardian.

Provide written advice to the carer or the non-family-based care service provider using the Letter to carer—outcome of harm report or Letter to staff member—outcome of harm report.

Provide a copy of the letter and the action plan, where applicable, to:

• the manager or coordinator of the foster and kinship care service provider
• the manager or coordinator of the non-family-based care service provider
• the regional Investment and Partnerships team, who will forward a copy of the letter to the nominee (for a service provider licensed by Child Safety)
• other agency responsible for the regulation of another entity, as appropriate.

Attach a copy of the letter to the Harm report—I&A event in ICMS.

If a party is not happy with the investigation and assessment process, tell them they may raise a complaint about a decision or action, or seek a review of the process. (Refer to Respond to a complaint or request for the review of a decision.)

Provide information to a care service if a staff member is responsible for serious harm

If there are substantiated concerns of a serious nature relating to care provided to a child by a staff member of a non-family-based care arrangement, such as matters resulting in criminal proceedings, ensure that this information is provided to relevant parties in the Letter to staff member—outcome of harm report. 

Information in the letter needs to be clear and thorough and include sufficient detail to support any action the licensee may need to take in relation to the staff member’s employment status.

Provide information to the child’s parents

Provide at least one of the child’s parents with information about the outcome of the investigation and assessment of the harm report.

If the child is subject to a child protection order granting long-term guardianship to a suitable person, advise at least one of the child’s parents only if doing so would be in the child’s best interests, having regard to:

• the child’s views
• the nature and extent of the child’s connection with their parents
• the evidence in support of the allegation
• any other matter relevant to the child’s safety, belonging or wellbeing needs.

The Child Protection Act 1999, section 15, provides some discretion in relation to the requirement to inform a child’s parents or long-term guardian of the outcome of the investigation and assessment of a harm report if it is a reasonable belief that: 

• someone may be charged with a criminal offence for harming the child, and providing advice of the outcome of the investigation and assessment may jeopardise an investigation into the offence
  or
• providing advice about the outcome of the investigation and assessment may expose the child to harm.

Respond to a complaint or request for the review of a decision

If a person wants to make a complaint about:

• a standards of care review process or the investigation and assessment of a harm report
  or
• a decision made in response to a standards of care review or the investigation and assessment of a harm report

provide the person with information about Child Safety’s complaint management process.

Develop an action plan

An action plan is developed to address issues identified in a standards of care review or in the investigation and assessment of a harm report to ensure the children in the care arrangement are safe from harm and that the care they receive meets the required standards of care.

An action plan is required in any of the following circumstances:

An action plan is not required when a standards of care review relating to a carer has an outcome of ‘standards not met’. The child’s placement agreement will be reviewed with the carer and the foster and kinship care service provider. Where relevant, a foster carer agreement may also be reviewed, or a review of carer suitability completed. (Refer to Respond when the standards of care are not met.)

Develop an action plan for a carer

Work in partnership with the foster and kinship care service provide to develop an action plan for a carer that:

• addresses the issues identified during the assessment
  and
• includes actions to ensure the child is safe from harm and that their care meets the standards of care.

The CSSC responsible for the carer will ensure a meeting is arranged to collaboratively develop the action plan with the relevant parties, unless an exception applies. (Refer to Circumstances in which an action plan for a carer is not required.) Relevant parties include:

• the carer
• the foster and kinship care service provider
• the child (if age and developmentally appropriate)
• the CSO for the child
• the child’s support person, if the child wishes
• a member of the PSU, if relevant.

The action plan will focus on what is required to ensure that the child’s safety and the care provided meets the required standards of care and is maintained. The parties will identify the specific actions required and agree who is responsible for the actions—the CSO, the carer, the foster and kinship care service provider, or other relevant people.

Specific actions may include the need to:

• review the ongoing appropriateness of the care arrangement to meet the child’s needs
• review the placement agreement and the case plan to ensure there is a shared understanding of the child’s needs and agreement on how they should be met—such as the need for a positive behaviour support plan for a child with challenging behaviours. (Refer to Procedure 5 Develop a positive behaviour support plan.)
• review the foster carer agreement (for an approved foster carer)
• review the carer’s suitability
• amend the carer’s certificate of approval
• address systemic issues that have contributed to the concerns
• arrange for the CSO or the foster and kinship care service provider to have more frequent contact with the child and carer.

Make sure:

• the Harm report action plan is completed in ICMS
• each party is provided with a copy of the approved plan, (including the child, if age and developmentally appropriate).

Circumstances in which an action plan for a carer is not required

There are 3 exceptions to the requirement to develop an action plan for a carer when the outcome of the investigation and assessment of a harm report is ‘substantiated—standards not met’ or ‘unsubstantiated—standards not met’.

An action plan is not required if:

1. a decision is made to cancel an approved carer’s certificate of approval
2. the child is removed from the kinship carer and there are no other children placed with the carer
3. the carer surrenders their certificate of approval, or their certificate of approval expires during the course of the investigation and assessment.

If a carer’s certificate of approval is cancelled, and the decision is later overturned by the Queensland Civil and Administrative Tribunal (QCAT), an action plan will be required. (Refer to Respond when a carer’s certificate of approval requires amendment, suspension or cancellation.)

If a carer’s certificate of approval is cancelled, surrendered or expires, the CSSC will consider preparing an action plan and attach it to the carers entity in ICMS, to enable previous concerns to be taken into account if the former carer applies to be approved at a later date.

Implement the action plan for a carer

All parties involved in the development of the action plan are responsible for working in partnership to undertake the agreed actions within the agreed timeframe, and for monitoring and supporting the implementation of the action plan within the designated timeframe.

The CSSC responsible for the carer will assist in this process by:

• ensuring the placement agreement is current and includes up to date information about the child’s care and support needs and the agreed supports to be provided to the carer
• having regular contact with the child, the carer and the foster and kinship care service provider, to assist with actions required to meet the child’s needs and support the carer in providing the required standards of care.

The CSO will record information about the implementation of the action plan and related activities in the relevant Harm report follow-up activities in the carer’s Monitor and support screen in ICMS. (Refer to Review an action plan relating to a carer.)

If an issue or action requires further follow up, and was not identified in the original Harm report action plan, the CSO will record the details of the additional requirement in a Harm report follow-up activity created in the carer’s Monitor and support screen in ICMS.

Ensure an action plan is developed by the non-family-based care service provider

The non-family-based care service provider is responsible for developing an action plan, in partnership with Child Safety, in the circumstances outlined in Develop an action plan.

The service provider will take the lead and arrange for relevant parties to meet to determine the specific actions required to address the concerns, the timeframes to be met, and the review process. Relevant parties include:

• staff members of the care service, as identified by the non-family-based care service
• the CSO with case responsibility for the subject child
• the child (if age and developmentally appropriate)
• the child’s support person, if the child wishes
• the senior team leader or senior practitioner, if required
• a member of the regional team responsible for Investment and Partnerships, if required
• a member of the PSU, where relevant.

The action plan will address issues identified during the assessment and include actions to ensure the child is safe from harm and that the care provided meets the required standards of care.

The senior team leader or CSSC manager will ensure that the action plan addresses the identified concerns regarding the child’s safety and the standards of care being provided. Specific actions may include:

• reviewing the ongoing appropriateness of the care arrangement to meet the child’s needs
• reviewing the placement agreement and the case plan to ensure there is a shared understanding of the child’s needs and agreement on how they should be met—such as such as the need for a positive behaviour support plan for a child with challenging behaviours (Refer to Procedure 5 Develop a positive behaviour support plan.)
• providing care service staff members with additional training, supervision and support
• the service provider changing their policies, procedures or protocols if they are not clear or not aligned with legislation or relevant Child Safety policies
• strategies to address systemic issues that have contributed to the concerns
• arranging more frequent contact between Child Safety and the child, preferably in their care arrangement
• introducing a process to monitor the implementation of the action plan, the placement agreement and the child’s case plan.

The non-family-based-care service provider and CSO will ensure that each party is provided with a copy of the approved plan (including the child, if age and developmentally appropriate.)

Before a copy of the action plan is provided to parties, make sure:

• the senior team leader or CSSC manager has approved the action plan
• a copy of the action plan is attached to the Harm report—I&A event in ICMS
  or
• a copy of the action plan is attached to the Standards of care event in ICMS for a standards of care review.

Monitor the action plan

All parties involved in the development of the action plan are responsible for working in partnership to undertake the agreed actions within the agreed timeframe and for monitoring and supporting the implementation of the action plan.

Assist in this process by:

• ensuring the placement agreement is current and includes up to date information about the child’s care and support needs to assist the care service’s ability to meet the child’s care and support needs
• having regular contact with the child and the non-family-based care service provider to support actions required to meet the child’s needs and ensure the care the child receives is consistent with required standards of care
• recording the details of actions and follow-up information in a Standards of care (SOC) follow-up document/communication created in the care service’s record in ICMS.

Review the action plan

An action plan for either a carer or non-family-based care service provider will be reviewed within 3 months. An action plan review meeting, including all people responsible for implementing the action plan, will be convened to review the plan’s progress and the current standards of care the child is receiving.

Child Safety will determine whether or not the issues of concern have been adequately addressed to ensure the care provided meets the required standards of care.

Review an action plan relating to a carer

If the action plan relates to a carer, Child Safety is responsible for reviewing the action plan. The CSO will attach a copy of the minutes of the action plan review to a Harm report action plan review document created in the carer’s Monitor and support screen in ICMS and add any relevant subject children to the record. 

If the review of a carer’s action plan identifies that the concerns remain unresolved after 3-months, or that new standards of care concerns have been recorded within the 3-month period, the CSSC manager will consult with the PSU director and the foster and kinship care service, where applicable, to determine the most suitable action to be taken.

Review an action plan review relating to a non-family-based care service provider

If the action plan relates to a non-family-based care service provider, they are responsible for reviewing the action plan. The service provider will provide the CSSC with a copy of the minutes of the review. The CSO will attach the copy of the minutes to a SOC follow-up document created in the ICMS care service record and include any relevant subject children in the Document or communication information screen via the Documents and communications tab.

If the review of a non-family-based service provider’s action plan identifies that the concerns remain unresolved after 3 months, or that new standards of care concerns have been recorded within the 3-month period, the CSSC manager will consult with the PSU director, the regional team responsible for Investment and Partnerships, and the service provider, to determine the most suitable action to be taken.

Respond to historical concerns

Child Safety will respond to information alleging that harm was experienced by a child in a care arrangement, or that the care provided to the child may not have met the legislated standards of care (Child Protection Act 1999, section 122), regardless of how long ago the care arrangement was in place.

The length of time that has elapsed since the matter was alleged to have occurred, may affect how the response is undertaken. The process will, in part, depend on whether the carer or the non-family-based care service staff member’s whereabouts can be ascertained, whether they agree to discuss their past care of the child, and the records available from that time.

Factors relating to the child and to the care arrangement will also influence the nature of the response, including:

Historical concerns relating to a child

If concerns are received by the RIS or CSAHSC, or a CSSC that does not hold case responsibility for the child, follow the process outlined in Record and communicate the concerns.

The CSSC who is responsible for the child in care will be responsible for considering the information, working in partnership with relevant partners (refer to Consult to consider the response) and recommending to the delegated officer an appropriate response to the concerns. (Refer to Decide the response decision.)

Standards of care – historical

Recommend a standards of care review to the senior team leader if:

• the concerns indicate that the care provided to the child did not meet one or more of the legislated standards of care (as outlined in the Child Protection Act 1999, section 122), and there is no information that the child experienced harm or resulting in a suspicion that they were harmed
  and
• the concerns relate to a currently approved carer or a staff member currently employed by a non-family-based care service provider.

Complete the standard of care review to the extent that this is possible—refer to Speak with the child about their experience. If relevant, document the reasonable efforts made to contact relevant parties to the standard of care review.

At the conclusion of the review, record an outcome—refer to Decide the outcome of the standards of care review. Follow other procedural requirements outlined in Complete a standards of care review.

If the concerns relate to a former approved carer who no longer holds a certificate of approval, or to a former staff member of a non-family-based care service provider who is no longer an employee of that service provider or any other non-family-based care service provider, do not record and complete a standards of care review. In these circumstances:

• For a former carer, open the closed placement event in ICMS for the subject child or children relating to the child’s care arrangement at that time. Record all relevant information in a Standards of Care case note in ICMS. Make sure to add the carer entity to the case note using the ‘refers to’ function.
• For a former staff member of a non-family-based care service provider who is no longer working in that role or a similar role, create an Intake event in ICMS. Make sure to add the staff member as a relevant party to the intake event, and select Intake enquiry as the outcome.

Harm report - historical

Recommend a harm report to the CSSC manager if:

• the concerns indicate that the child experienced harm or it is suspected they experienced harm due to the actions or inactions of the carer, adult member of an approved carer’s household or staff member of a non-family-based care service provider, regardless of whether the carer is currently approved, or whether the staff member continues to be a staff member of the service provider.
  and
• the concerns relate to a currently approved carer or a staff member currently employed by a non-family-based care service provider
  or
• the concerns relate to a former approved carer who no longer holds a certificate of approval, or to a former staff member of a non-family-based care service provider who is no longer an employee of that service provider or any other non-family-based care service provider.

Take other immediate actions as relevant:

• Consider if actions are required to address the safety and well-being needs of any child currently placed in the care arrangement.
• Advise the QPS if the information received about the harm to the child involves allegations indicating the commission of a criminal offence relating to the child, using the Police referral.
• Tell the Office of the Public Guardian (OPG) of the alleged harm if the report is a mandatory report of harm in line with the Child Protection Act 1999, section 13F.

Complete the investigation and assessment to the extent that this is possible given the specific child factors and care arrangement factors—refer to Investigate and assess a harm report. At the conclusion of the assessment, record an outcome—refer to Determine the investigation and assessment outcome. Follow other procedural requirements, such as advising the child and carer or non-family-based care service provider of the outcome—refer to Advise parties of the investigation and assessment outcome.

For a current carer or staff member who continues to be employed in the family-based care arrangement, an action plan may be required, depending on the outcome of the investigation and assessment—refer to Develop an action plan.

Historical concerns relating to a child no longer in care

A standard of care review or a harm report will be recorded when this response is approved by the senior team leader or CSSC manager, regardless of whether the child has since exited care and is no longer subject to ongoing intervention—refer to Decide the response decision.

Contact the child’s parent or guardian and seek their agreement to discussing the concerns with the child and follow all other procedural requirements.

Historical concerns relating to an adult who was previously in care

A standard of care review or a harm report is not recorded if the subject of the historical concerns has attained adulthood (that is, they are 18 years of age or older.)

If the senior team leader or CSSC manager decides that recording a standards of care review or harm report would have been the appropriate response, had the historical concerns related to a child, the following actions are required:

• For a current or former carer, open the closed placement event for the subject child at that time of the relevant care arrangement. Record all relevant information in a Standards of Care case note in ICMS. Make sure to add the carer entity to the case note using the ‘refers to’ function.
• For a current or former staff member of a non-family-based care service provider, create an Intake Enquiry from the child’s record in ICMS and add the staff member to the Intake Enquiry. Record all the relevant information.

Make all reasonable attempts to discuss and assess the concerns, subject to their consent, with:

• the person who was formerly in care
• the carer or former carer
  or
• the non-family-based care service provider and the relevant staff member, if they are currently employed by the service provider.

Record the assessment findings and the outcome in an ICMS SOC historical concerns document in ICMS for a family-based care arrangement, or create an Intake enquiry for a non-family-based care service provider.

If the information received about the harm to an adult (when they were a child in care) involves allegations that indicate the commission of a criminal offence:

• encourage the person to contact the QPS and help them to do so
• provide information about the services and assistance available through Victim Assist Queensland.

If information received about harm to an adult leads to a reasonable belief that a sexual offence was committed against the person when they were a child in care, by an adult, the matter must be reported to QPS, unless there is reasonable grounds to believe the matter has already been reported to QPS. Refer to the Criminal Code Act 1899, section 229BC, for further information about legal obligations to report sexual offending against a person when they were a child to the QPS.

Review carer suitability

The CSSC manager may determine that a comprehensive assessment of the carer’s suitability and ability to meet the standards of care is required:

• when it is determined that a carer’s action or inaction has caused or contributed to serious detriment to a child
• when there are ongoing concerns about the carer’s capacity to meet and sustain safe care for the child and meet the standards of care
• following a standards of care review or an investigation and assessment, if the outcome is that the standards are not met, and a more detailed review of the carer’s suitability is required
• in response to a change in carer circumstances that may impact on their capabilities as a carer.

To decide whether to review a carer’s suitability, the CSSC manager will consider:

• the expiry date of the carer’s current certificate of approval
• previous standards of care reviews or investigation and assessments, regardless of the outcomes
• the seriousness of the concerns and the impact on the safety and wellbeing of the child
• the presence of recurrent patterns
• the level of support and training provided to assist the carer meet the required standards of care and the extent to which these have positively contributed to improvements in the standard of care provided to the child.

Plan the review of carer suitability

Plan the review in partnership with the carer’s foster and kinship care service provider and the CSSC senior practitioner. As part of the planning process, decide:

• who will advise the carers of the decision and reasons to review their suitability
• the information needed to inform the review, for example, current medical information about the carer’s health, the views of staff from other CSSC’s with a child in the care arrangement, observations of services that have provided support to or worked with the carer
• how the views of the child will be incorporated into the review
• any additional requirements to be considered by the reviewer.

Complete the review of carer suitability 

The reviewer will:

• review the issues and concerns identified in the most current carer assessment report, including the rationale for approval
• review previous standards of care reviews, investigation and assessments and action plans
• explore the carer’s understanding of the standards of care and how they demonstrate these in their daily care of children
• assess the carer’s capacity to gain knowledge and skills required to provide care that meets the standards of care
• take into account the support and training that has been, or is being provided, to the carer, including whether the carer achieved the required competencies, and if not, the factors that prevented this occurring
• consider any factors that may be impacting on the standards of care provided to the child, for example, sudden changes in the carer’s household, serious illness in the carer’s family or a change in supports available to the carer.

Prepare a report for the CSSC manager recommending what action is required. The report will specifically identify the standards of care the carer is meeting and, if relevant, the standards of care not being met.

If identified that standards of care are not being met, the report will:

• explore the contributing factors
• consider the impact on the child
• propose actions required to improve the care so that the carer can provide care that meets the required standards of care
• consider the carer’s capacity and willingness to gain the knowledge and skills required to meet the standards of care.

If the review identifies that the carer is unable to ensure the safety of the child or to meet the standards of care, take appropriate action consistent with the findings of the review, such as: 

• Consider whether it  is safe for the child should remain with the carer—refer to Remove a child from a care arrangement.
• Provide targeted training and supports to the carer—refer to Provide support to the carer.
• Take other action relating to the carer, as appropriate:
  • Amend a carer's certificate of approval
  • Take action to suspend a carer's certificate of approval
  • Cancel a carer's certificate of approval.

Respond to a carer's or staff members request to obtain or amend Child Safety records

If a carer or staff member of a non-family-based care service provider requests a copy of Child Safety information relating to a standards of care review, or the investigation and assessment of a harm report, provide the person with information about Child Safety's Right to Information, Information Access and Amendment Unit. (Refer to Right to Information.)

If a carer or staff member asks for information in a departmental record to be changed, or if they ask to add information to a record associated with a standards of care review or the investigation and assessment of a harm report invite the carer or staff member to provide written advice of the amendment or additional information to be placed on:

• the carer’s file or the non-family-based care service provider’s file
  or
• the child’s file

and referred to in the standards of care review or the investigation and assessment.

Refer the carer or staff member to relevant review mechanisms. (Refer to Respond to a complaint or request for the review of a decision.)