Receive information from a notifier

Receive information from a notifier

Child Safety is responsible for receiving and responding to concerns that a parent is not able and willing to protect a child from significant harm.

The QPS is responsible for investigating all alleged criminal offences.

Anyone may inform Child Safety of child protection concerns. Information may be reported in person, by telephone or in writing.

If concerns are received in writing, make a reasonable attempt to contact the person (the notifier) to gain further information if important information is missing or there is a need to clarify information provided. Do not recontact the person if the written report provides sufficient information or it is clear the notifier has no further information.

The RIS provides Child Safety’s intake function during business hours. Outside business hours, the CSAHSC provides a statewide intake service.

The CSO from a RIS or CSAHSC who receives the concerns will:

• gather and assess the information (Refer to the practice guide Intake prompts: assessing harm and risk
• decide and record the response
• seek the senior team leader’s approval of the response.

The RIS that receives concerns carries out all intake procedures and does not refer the notifier to another RIS or CSSC.

If a CSSC CSO receives concerns from a notifier about a child or unborn child, they will carry out all intake procedures if:

• the person who presents at the CSSC is
  • vulnerable or distressed
  • a child or young person
  • an Aboriginal or Torres Strait Islander person
• there are new concerns about a child or family (including a child in care) for whom the CSSC has an open case, including
  • an investigation and assessment
  • a support service case
  • intervention with parental agreement
  • a child protection order
• the CSO receives the concerns while carrying out case work or an investigation and assessment in the community
• a foster or kinship carer is making a mandatory report regarding their reasonable suspicion that a child in care has suffered, is suffering, or is at unacceptable risk of suffering significant harm caused by physical or sexual abuse.

For all other matters, the CSSC CSO will do one of the following:

• help a notifier who attends the CSSC to contact the RIS, providing them with privacy and support
• forward all intake calls to the RIS, using warm telephone transfer where possible
• forward all intake correspondence to the RIS by 
  • scanning the correspondence 
  • emailing the RIS team mailbox
  • confirming receipt of information
  • filing the original documents at the CSSC.

Mandatory reports

The Child Protection Act 1999 requires certain professionals to make a report to Child Safety, if they reasonably suspect a child:

• has suffered, is suffering, or is at an unacceptable risk of suffering significant harm caused by physical or sexual abuse
  and
• may not have a parent able and willing to protect them.

Mandatory reporters are:

• doctors
• registered nurses
• teachers
• police officers with child protection responsibilities
• people performing child advocate functions under the Public Guardian Act 2014
• early childhood education and care professionals.

The Child Protection Act 1999 also mandates certain people to report a reasonable suspicion that a child in care has suffered, is suffering or is at an unacceptable risk of suffering, significant harm caused by physical or sexual abuse. People mandated to report a reasonable suspicion about a child in care are:

• Child Safety employees
• employees of a family-based care service or non-family-based care service
• employees of an entity mentioned in the Child Protection Act 1999, section 82(1)(f)
• an approved foster or kinship carer.

Mandatory reports are assessed in line with usual intake processes.

For further information about mandatory reports refer to the practice guide Notifiers and mandatory reporting.

Information about harm by a person who is not a member of the child's household

If a person allegedly responsible for harm or risk of harm to a child is not a member of the child’s household, Child Safety will investigate and assess when there is a reasonable suspicion that the child does not have a parent able and willing to protect them from the harm. The QPS is responsible for investigating all alleged criminal offences.

Consider the following questions when deciding whether the information indicates a reasonable suspicion that a child does not have a parent able and willing to protect them:

• Are one or both parents aware of the harm or risk of harm?
• Is one parent capable of protecting the child?
• How have the parents responded to the allegations? Have they refused to ensure the child’s safety?
• How have the parents responded to the child? Do they
  • believe the child
  • support the child  
  • reject or blame the child? 
• Do the parents have an ongoing relationship with the alleged person responsible that affects their ability to act protectively?
• Are the parents willing, but not able, to protect the child because of complicating factors, such as
  • addiction
  • mental health concerns
  • disability
  • fear of the alleged person responsible
  • parent/adolescent conflict
  • an existing parenting order under the Family Law Act 1975. (Refer to Procedure 7 Consider the implications of an existing parenting order.)                       

Immediately report information to the QPS alleging harm to a child that may involve the commission of a criminal offence relating to the child, using the Police referral.

New child protection concerns

New child protection concerns refer to information about harm or risk of harm not previously known about a child who is already subject to:

• ongoing intervention
  or
• an open intake or investigation and assessment event in ICMS.

If the concerns are about a child subject to ongoing intervention:

• take action to ensure the child’s immediate safety
   and
• decide the appropriate response.

If concerns about a child in care are about the level of care being provided in their care arrangement, refer to Procedure 6 Respond to concerns about the child’s care arrangement.

If concerns are about a child in the care of their long-term or permanent guardian, refer to Information about a child with a long-term or permanent guardian.

Concerns received by the child’s child safety officer

If new concerns are received by the CSO with case responsibility, including a mandatory report from a foster or kinship carer of their reasonable suspicion that a child in care has suffered, is suffering or is at unacceptable risk of suffering significant harm caused by physical or sexual abuse:

• refer to the screening criteria to decide if the concerns reach the threshold for a notification
• consider contacting the RIS for 
  • assistance in applying the screening criteria
  • advice about the response
• consult with the senior team leader about the appropriate response
• decide whether the concerns meet the threshold for a new notification.

When the concerns do not reach the threshold for a notification, the CSO with case responsibility will record the concerns in an OI—received concerns case note in ICMS. The case note will:

• include the rationale for the concerns not reaching the threshold for a notification
• include details of consultation with 
  • the senior team leader
  • any other person who contributed to the decision
• clearly document that the person providing the information is a notifier, so they are afforded protection in line with the Child Protection Act 1999, section 186A
• ensure that, when the concerns relate to siblings, the case note is a shared document and available in each child’s ongoing intervention event 
• ensure the concerns are addressed with the child and family, as outlined below.

If the concerns do reach the threshold for a notification, the CSO with case responsibility will:

• complete the notification in line with usual intake processes and timeframes
• submit the notification to the supervising senior team leader for approval (Refer to Record a notification.)
• consult and collaborate with the investigating CSO to ensure the safety and wellbeing of the child throughout the investigation and assessment.
• record the information as additional notified concerns, regardless of whether it meets the threshold for a notification, if there is an existing open event in ICMS with 
  • a notification not yet approved
    or
  • an investigation and assessment not yet approved.

For further information refer to Procedure 2 Respond to additional notified concerns.

Concerns received by the Regional Intake Service or Child Safety After Hours Service Centre 

If new concerns are received by a RIS or CSAHSC, the CSO will:

• immediately contact the CSSC CSO with case responsibility to gather information and help decide the response, if within business hours
• record a notification where the concerns reach the threshold for a notification. (Refer to Record a notification.)

If the concerns do not reach the threshold for a notification, the RIS or CSAHSC CSO will:

• record the concerns in an OI—received concerns  case note in ICMS and 
  • include the rationale for the concerns not reaching the threshold for a notification
  • include details of consultation with
    •  the senior team leader
      and
    •  any other person that contributed to the decision
  • clearly document that the person providing the information is a notifier and afforded protection in line with the Child Protection Act 1999, section 186
  • ensure that when concerns relate to siblings, the case note is a shared document that is available in each child’s ongoing intervention event
  • immediately notify the CSSC CSO and senior team leader with case responsibility to make them aware of the concerns.

Record the information as additional notified concerns, regardless of whether it meets the threshold for a notification if there is an existing open event in ICMS with:

• a notification not yet approved
  or
• an investigation and assessment not yet approved.

Notify the CSO with case responsibility that either a case note or additional notified concerns has been recorded.

For further information refer to Procedure 2 Respond to additional notified concerns.

Information about the quality of care provided to a child in care

If a CSO from a CSSC that does not have case responsibility for the child or carer receives concerns about the quality of care provided to a child, or about harm to a child in their care arrangement, respond in line with Procedure 6 Respond to concerns about the child’s care arrangement.

If a RIS CSO receives the concerns:

• record a standards of care case note in the placement event in ICMS
• telephone a senior team leader in the following CSSCs to advise of the concerns 
  • the CSSC responsible for case management of the child
  • the CSSC responsible for the carer
  • the CSSC responsible for the geographical area in which the residential care service is located.

If a CSAHSC CSO receives the concerns, either:

• record a standards of care case note in the placement event and telephone a senior team leader in the following CSSCs to advise of the concerns 
  • the CSSC responsible for case management of the child
  • the CSSC responsible for the carer
  • the CSSC responsible for the geographical area in which the residential care service is located
    or
• assess the concerns and decide the response, and
  • telephone the senior team leader in the following CSSCs to advise of the concerns
    • the CSSC responsible for case management of the child
    • the CSSC responsible for the carer
    • the CSSC responsible for the geographical area in which the residential care service is located 
  • transfer the standard of care review or harm report to the pending allocation tray of the CSSC responsible for the response.

The CSSC responsible for the response completes all other tasks and provides feedback to the notifier if relevant. (Refer to Procedure 6  Receive concerns about a child's care arrangement.)

If concerns about a child in care are about harm or risk of harm experienced in their family environment, for example, during family contact, refer to Procedure 5 Respond to child protection concerns related to family contact. 

Information that requires an alert in Unify

Record an alert in Unify, as soon as significant information relevant to an alert type is received or identified for a child, a child’s family or carer family. 

Use the table below to identify the circumstances when an alert is required, and where to find more information.

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

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

Record an alert for significant domestic and family violence

Record a Significant DFV threat alert in Unify when one or more of the following domestic and family violence risk factors are identified: 

• a person experiencing violence’s self-perception of the risk level is high, due to the current circumstances with the person using violence. 
• a person using violence has caused the serious injuries to any person that require hospitalisation or assessment and treatment at a hospital emergency department 
• a person using violence is alleged to have strangled, choked or stabbed another person at any time 
• there has been an escalation of abusive behaviour, including escalation in severity, frequency or the violence has become more ‘unpredictable’
• the person using violence has a history of incarceration for breach of a domestic violence order, physical assault, grievous bodily harm, torture or deprivation of liberty
• the person using violence has a history of breaches of domestic violence orders, failure to comply with a domestic violence order
• there are previous or current threats by the person using violence to kill the person experiencing violence, a child, other family member or pets
• the person using violence has access to or possession of a firearm or has threatened to use an item as a weapon
• the person using violence has a history of stalking or obsessive or jealous behaviour including technology-facilitated surveillance
• the person using violence has demonstrated a pattern of coercive control using abusive behaviours to control, manipulate, and dominate the person experiencing violence.  

To record a Significant DFV threat alert in Unify:

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

Record a separate alert each time the person has perpetrated domestic and family violence and been assessed as posing a significant threat to one or more persons experiencing violence. This will enable the behaviour of the person using violence to be tracked over time and across multiple families. 

Information about a child’s death

If information is received about a child’s death:

• gather sufficient information to decide the appropriate intake response
• assess the safety of any other child in the home.

The CSAHSC is responsible for managing and recording all initial information received from the QPS about reportable deaths. If the QPS contacts a RIS with information about a reportable death, the RIS will transfer the call to the CSAHSC.

The CSAHSC will:

• gather information about the circumstances of the child’s death
• provide the QPS with any child protection history regarding the child and their family
• assess whether there is a reasonable suspicion that any other child in the family is in need of protection
• record the information in an intake event in ICMS
• complete a Critical incident report. (Refer to the policy Critical Incident Reporting and the Critical incident report management system - guidelines for users)
• notify Systems and Practice Review of the death
• request a child protection history check from Data Management Services, including interstate child protection history, if requested by the QPS
• advise the relevant CSSC, as required.

If information that a child has died is received from a notifier other than the QPS, the RIS will:

• take the action outlined above
• report the death to the QPS if the child was a child in care
• record the information and 
  • identify the deceased child as an other child  not a subject child
  • add the date of death to the child’s profile.

To decide the intake response, gather information about:

• the circumstances of the child’s death
• whether there is a reasonable suspicion that any other child is in need of protection.

If child protection concerns are reported in relation to the deceased child’s sibling, any other child or unborn child within the household:

• record the child as a subject child
• record the child protection concerns in line with usual intake procedures.

Information about serious injury to a child

In line with the memorandum of understanding between Child Safety and the OPG, the CSO must advise the OPG as soon as possible, or within one business day, if information is received about serious injury to a relevant child staying at a visitable location.  Provide the information by emailing and telephoning the relevant regional visiting manager. (Refer to the OPG—Regional Visiting Manager contact details.)

A relevant child is a child subject to any of the following interventions:

• a temporary assessment order
• a court assessment order
• a temporary custody order
• a care agreement
• an intervention with parental agreement
• a child protection order.  

A child staying in a visitable location includes a child in a care arrangement with a foster or kinship carer, a residential care facility, including supported independent living, a boarding home, mental health facility and detention facility.

Receive information about a child in Queensland who is subject to intervention in another state

If concerns are received about a child who is in Queensland and is subject to an interstate child protection order or intervention:

• assess and respond to the concerns in line with usual intake processes 
• in addition, if the concerns received are not from the child protection authority in the other jurisdiction, advise the relevant jurisdiction of the concerns and the Queensland response. To do this
  • complete an Interstate Alert/Notification from Queenslandform
  • email the completed form to the interstate liaison team at DChS.interstatealert@csyw.qld.gov.au
• liaise with the relevant jurisdiction to coordinate responses and ensure the immediate safety of the child. 

The Interstate Child Protection Protocol (October 2021), section 3 requires all states to assess alleged harm to a child in accordance with its own legislation and policy requirements. 

Do not delay the response to a child’s safety and wellbeing because they are subject to an interstate child protection order or intervention. 

Information about a child in another jurisdiction

Alert—address unknown

If concerns are received about a child who is residing at an unknown address interstate or in New Zealand (another jurisdiction), make every effort to locate the child and family in line with procedures under the Information Sharing Protocol between the Commonwealth and Child Protection Agencies. (Refer to Record an intake with no identifying information and Procedure 2 Take action if a child and family cannot be located.)

If an address remains unknown and:

• the child and family are believed to be residing in another jurisdiction
  and
• the information is to be forwarded to that jurisdiction for an appropriate response
  • record the information as an intake enquiry
  • instigate an alert by 
    • completing an Interstate Alert/Notification from Queenslandform
    • email the alert to the interstate liaison team at DChS.interstatealert@csyw.qld.gov.au. 

The alert will be sent electronically to the other jurisdiction by:

• the interstate liaison team
  or
• the CSAHSC staff (if the alert needs to be sent after hours).

Encourage the notifier to also contact the other jurisdiction directly:

• ACT           1300 556 729
• NSW         132111
• NZ              00116499123820
• NT              1800 700 250
• SA               131478
• TAS            1300 737 639
• VIC            131278
• WA             08 9223 1111

Notification of child protection concerns—address known

If child protection concerns are received for a child who is not living in Queensland, or Child Safety is intervening with a family and they move to a known address interstate or in New Zealand forward the information to the other jurisdiction for an appropriate response.

Notify the other jurisdiction by:

• recording the information received as an intake enquiry in ICMS
• completing an Interstate Alert/Notification from Queensland form
• emailing the intake enquiry and the Interstate Alert/Notification from Queensland form to the interstate liaison team at DChS.interstatealert@csyw.qld.gov.au.

Encourage the notifier to also contact the other jurisdiction directly:

• ACT          1300 556 729
• NSW        132111
• NZ             00116499123820
• NT             1800 700 250
• SA              131478
• TAS           1300 737 639
• VIC            131278
• WA             08 9223 1111

Information from another jurisdiction

Alerts

Another state, territory or New Zealand may contact Child Safety to request that an alert be raised in Queensland, if:

• the child's whereabouts are not known
   and
• the child or family is believed to be in Queensland.

The other jurisdiction will send the request electronically via DChS.interstatealert@csyw.qld.gov.au.  (These requests are processed by the interstate liaison team or CSAHSC staff.)

The CSAHSC manager and senior team leader are responsible for ensuring the alert is:

• responded to in line with relevant policy and procedures
• recorded in Unify, if applicable.

Notifications

If another jurisdiction receives concerns about a child living at a known address in Queensland, that jurisdiction will forward the concerns to the interstate liaison team.  The interstate liaison team will forward the information to the relevant RIS. 

The RIS CSO will:

• complete a search of Connect for Safety, if relevant
• seek an interstate child protection history check, if there is information to suggest child protection history is held by another jurisdiction. (Refer to Procedure 2 Request interstate child protection history.)
• assess and record the information in line with usual intake processes.

Information from Services Australia

Services Australia may contact Child Safety via email to the local RIS to request information to inform their assessment of a child’s eligibility to receive a special benefit payment.

If the child is subject to Child Safety intervention, the RIS will provide Services Australia with details of the CSO and CSSC with case management responsibility.  

If the child is not subject to any current Child Safety intervention, the RIS will advise Services Australia of this. 

If a Services Australia employee has concerns about a child, they must report the concerns to the local RIS.

If the concerns do not reach the threshold for a notification, the CSO and Services Australia employee will jointly consider if other support can be provided to the child which may include the special benefit payment.

If the concerns do reach the threshold for a notification, the CSSC responsible for the investigation and assessment has an obligation to notify Services Australia of the investigation and assessment outcome and proposed actions. (Refer to Procedure 2 Approve the investigation and assessment.)

Information about fabricated or induced illness

In child protection matters, illness or injury may be fabricated or induced in a child by a parent, or someone in a parental role, who may:

• fabricate signs and symptoms of an illness or past medical history
• falsify hospital charts and records or tamper with specimens of bodily fluids
• induce illness or injury by various means.

If a paediatrician from Queensland Health reports suspected harm or risk of harm resulting from fabricated or induced illness:

•  gather information about 
  • indicators that have triggered the current suspicions
  • pending and previous medical assessment or treatment
  • any immediate safety issues for the child
  • other agencies already involved with the matter, including the QPS 
• inform the senior team leader of
  • the details of the concerns
  • the suspicion that the harm may be the result of fabricated or induced illness
• immediately provide the information to the QPS 
  • using a Police referral, including relevant attachments in line with the Child Protection Act 1999, section 14(2) and (3)
  • even if the notifier states that they have advised, or will advise, the QPS of the allegations
• record the information provided to the QPS in the intake event in ICMS and complete the intake.

Urgent need for support for a child with disability

 Emergency and crisis situations for a child with disability may prompt a notifier to contact Child Safety seeking support for the child and their family. These situations may relate to the child’s vulnerability due to their disability needs and may include:

• a serious escalation in the child’s disability-related behaviours
• the parent’s mental or physical health affecting their capacity to provide care
• a critical need for services, equipment or equipment repair.

To respond to information that urgent support is needed for a child with disability: 

• Gather information from the notifier (if it is not the parent, consider asking the notifier to encourage the parent to contact Child Safety and provide information) about           
  • the family’s current situation including the support networks
  • what services the family is accessing for the child’s disability support needs including
    • whether the child has an NDIS plan
    • the NDIS supports the child is receiving
    • whether a support coordinator is involved. 
      Refer to the tool Responding to an urgent need for support for a child with disability.
• Complete a check of the child’s and family’s child protection history
• Contact the Regional Specialist Services Clinician, who if necessary will contact the Principal Specialist Services Clinician or Director, Specialist Services at SDSpecialistServices@csyw.qld.gov.au to
  • seek advice about the disability-related information that needs to be gathered to inform the intake decision
  • seek assistance in interpreting disability information
  • assist in speaking to the parent about disability-related information, if the parent is the notifier  
  • escalating the matter if necessary, including within the National Disability Insurance Agency (NDIA) 
    Note: CSAHSC may initiate contact on the next business day, if appropriate to the level of concerns received. (Refer to the tool Responding to an urgent need for support for a child with disability.)
• Complete a pre-notification check—but only if needed. (Refer to Carry out a pre-notification check.)
• Complete the Intake form in ICMS, including the screening criteria and
  • if no criteria is relevant, record a child concern report in line with usual intake processes
  • if the only relevant criteria is Neglect—Abandonment/Relinquishment (Parent is unable and/or unwilling to provide ongoing care for a child with a diagnosed disability or other diagnosed mental health/medical condition and all alternative arrangements/care arrangements for the child have been exhausted)—do not select a criteria and
    • record a child concern report
      and
    • select Other in the Child concern and responses section
      and
    • in the Assessment of concerns text field, record options that have been explored with the family for keeping the child safely at home―including pending plans for the RIS to seek assistance from Specialist Services or where Specialist Services is currently responding to the family’s request for help.
  • if any of the criteria other than that mentioned above is selected, including the other criteria under Neglect—abandonment/relinquishment—record a notification in line with usual intake processes.
• Forward the notification or child concern report to the senior team leader.

If the RIS senior team leader agrees with the child concern report response, pending further information being received to confirm that other services such as NDIS are able to provide increased supports to meet the child’s disability needs, they will:

• keep the intake event open by not approving the child concern report in ICMS
• record a case note in the intake event, documenting their approval of
  • the plan to seek assistance for the family from support services in the community through NDIS
  • the child concern report response, pending advice from the support services in the community or Specialist Services about
    • whether the family will be able to access supports to meet the child’s needs
      and 
    • whether the support service has agreed they will contact Child Safety if they are concerned about the safety of the child remaining in their parents care
• make sure attempts have been made to talk to the child’s NDIS support coordinator in line with the tool Responding to an urgent need for support for a child with disability
• make sure Specialist Services has been contacted
• receive advice from the support service or Specialist Services about the support to be provided to the family and that any further concerns that the child is unsafe at home will be reported to Child Safety
• confirm whether the parents agree to the support plan and are no longer needing urgent or immediate assistance, including situations where the notifier was initially seeking an urgent care arrangement for the child.

After receiving relevant information the RIS senior team leader will finalise the intake response by either:

• approving the child concern report, if supports in place will meet the child’s disability needs and need for safety, belonging and wellbeing
• deciding a notification is the appropriate response, if
  •  current circumstances indicate a notification response is the appropriate response
    OR
  • all options to meet the child’s disability needs through support services have been explored, including available NDIS funding and escalating the matter to the NDIA 
    and    
  • the parents indicate they are no longer able to care for the child at home.

If a notification is approved:

• determine if the child needs to be placed in a care arrangement
  and                                                                    
• if so, negotiate with the parents whether an assessment care agreement or assessment order is required to authorise the care arrangement.

Information from Queensland Health about a child’s immediate safety upon discharge from a hospital

If a Queensland Health doctor contacts the RIS or a CSSC because they have concerns about the immediate safety of a child upon discharge from a hospital:

• Record any new child protection concerns as additional notified concerns if the child is subject to an open investigation and assessment. Refer to Procedure 2 Respond to additional notified concerns.
• Record any new child protection concerns if the child is subject to ongoing intervention. Refer to New child protection concerns.
• Respond to the doctor, if the concerns have already been received from Queensland Health about the child and have been recorded as a child concern report, and
  • Provide information about the Child Safety response and any referrals made to a Family and Child Connect, an Intensive Family Support service or a Family Wellbeing Service.
  • Seek as much information as possible about the reasons for the doctor’s concern for the child’s immediate safety upon discharge.
  • Review the child concern report to determine whether to upgrade it to a notification based on the discussion with the doctor. Refer to Respond to disagreement about an intake decision.
  • Collaborate with the doctor to decide what action is required to ensure the safe discharge of the child.

If, after consultation with Child Safety staff, a doctor remains concerned about Child Safety’s response and the immediate safety of a child upon discharge, they may initiate the discharge escalation pathway for a child at risk. Refer to Procedure 2 Respond to a doctor’s concerns about a child’s immediate safety upon discharge from a hospital and the practice guide Queensland Health discharge escalation pathway.

Information about a child with a long-term or permanent guardian

If the information about a child with a long-term or permanent guardian involved an allegation of harm to a child that may have involved the commission of a criminal offence relating to the child, immediately provide the information to the QPS (Child Protection Act 1999, section 14(2)), by:

• completing and forwarding the Police referral to the QPS
• attaching the referral to the intake event in ICMS.

Refer to Report information to the Queensland Police Service and the practice guide Schedule of criminal offences.

Long-term guardianship to a suitable person

If concerns are received about a child subject to a long-term guardianship order to a suitable person, take the following actions, depending on the child’s specific circumstances.

If a child concern report is the appropriate response to the concerns:

• record the child concern report in line with usual intake processes
• advise the CSSC CSO with case responsibility and relevant senior team leader.

The CSSC CSO and senior team leader will decide whether to contact the long-term guardian to:

• discuss the concerns
• assess if additional supports may be required.

If a notification is the appropriate response, respond in line with usual intake processes.

If a child subject to a long-term guardianship order to a suitable person, or their guardian, contacts a RIS requesting support, the RIS CSO will:

• provide the child or guardian with contact details of the CSO with case responsibility
• if possible, transfer the call to the CSSC
• record a case note of the contact
• email the details to the CSSC.

The CSO with case responsibility is responsible for responding in a timely manner.

Child subject to a permanent care order

If information is received about a child subject to a permanent care order, decide the response in line with usual intake processes. If it is decided that the appropriate response is for:

• a notification to be recorded, the senior team leader will allocate the investigation and assessment in line with usual processes
• a child concern report to be recorded, advise the senior team leader responsible for the open placement event in ICMS, within 24 hours of the intake response being decided
• a case note to be recorded in the placement event in ICMS, advise the senior team leader responsible for the open placement event, within 24 hours of the decision to record the information in a case note.

Child no longer in the care of a long-term or permanent guardian

Long-term and permanent guardians are required to tell Child Safety if the child is:

• likely to leave their care
• no longer in their care.

If such information is received, refer to either Procedure 5 Respond when the child is no longer in the long-term guardian’s direct care or Procedure 5 Respond when a child is no longer in the permanent guardian’s direct care for the specific actions required of the CSO.

Information from the Family Court of Australia or Federal Circuit Court of Australia

Notification under the Family Law Act 1975

Under the Family Law Act 1975 the Family Court of Australia and the Federal Circuit Court of Australia have a mandatory obligation to report certain information to Child Safety which includes: 

• child abuse
• family violence  
• risk of child abuse or family violence.

The Notice of child abuse, family violence and risk is a mandatory form that must be completed by all parties to parenting proceedings.

The notices are received at Data Management Services (via email at DMS_FORM4@communities.qld.gov.au).

Data Management Services will forward the notice to the relevant RIS. The RIS will:

• assess the information
• decide the response in line with usual intake processes, including whether information has previously been received
• complete the Intake form in ICMS and record the informant (not the court) as a mandatory notifier 
• inform the family law court of the intake response by 
  • completing the Response to Notice of Child Abuse, Family Violence or Risk letter
  • forwarding the letter to the relevant family law registry.

If the forms lack detailed information, the RIS CSO will contact the legal representative who filed the notice (see Part A) and: 

• request a copy of the material referred to in the notice
• obtain as much background information as possible, including 
  • the status of family law court proceedings
  • any orders which may have been made
  • the Indigenous status of the child and family members.

In deciding if the information reaches the threshold for a notification the RIS will consider that:

• a parent who reported the concerns or appears to be protective may be willing but not able to protect the child from harm due to the provisions of an existing parenting order
• a court may decide who the child lives and communicates/spends time with—if so, when making the order, the court must consider how the child protection and family violence issues are to be addressed   
• the court will not assess the notified concerns as it has no investigative function
• without an assessment by Child Safety the court will be bound by the principle that children can enjoy a meaningful relationship with each of their parents.

Notification made by a staff member of the family law court

Specified staff members of the family law court may notify Child Safety of abuse. A staff member may include:

• the Independent Children’s Lawyer 
• a family consultant
• a family counsellor
• a family dispute resolution practitioner
• a judicial officer.

A staff member who initially provides information verbally, should confirm the concerns in writing as soon as practicable.

The RIS will assess and respond to the information from the staff member in line with usual intake processes. A written response to the court is not needed.

Information via an Integrated Justice Information Strategy email alert

Data Management Services will send an automated email alert to the relevant RIS via the management team group email, containing either:

• an IJIS notification (criminal court matter alert), notifying details of a subject child’s first scheduled appearance in a criminal court proceeding
• an IJIS electronic transfer of court result (ETCR) alert, advising of the need to run an IJIS ETCR report in ICMS to access details of a criminal or domestic violence court result involving a subject child.

Integrated Justice Information Strategy notification (Criminal court matter alert)

The court matter alert email will be forwarded to the RIS, if:

• a notification recorded on the subject child is awaiting approval in ICMS by the RIS senior team leader
• the notification has been approved and the investigation and assessment has not been allocated to the pending allocation tray of the receiving CSSC.

If a RIS receives the IJIS notification before the notification is finalised, the RIS senior team leader will:

• view the criminal court matter alert email
• allocate the notification to the relevant CSSC senior team leader for investigation and assessment
• forward the criminal court matter alert email to the CSSC responsible for the investigation and assessment.

Integrated Justice Information Strategy electronic transfer of court result information

The IJIS Electronic transfer of court results (ETCR) delivers court results from all Queensland criminal and civil jurisdictions to the CSSC with responsibility for a subject child. The subject child is identified as the primary person of interest, and information may also be received about secondary persons of interest, who may not have an existing person profile in Unify.

DMS receives an ETCR if a child is matched in the court result as being subject to an open investigation and assessment or ongoing intervention case (excluding support service cases).

DMS receives the ETCR client information and sends an automated email alert to the relevant management team.  A RIS will receive the email if the notification has been approved and the investigation and assessment has not been allocated to the pending allocation tray of the receiving CSSC. Details about the court matter are accessed via the running of an IJIS Electronic Court Results report in ICMS.

After receiving an ETCR report:

• Check the information against existing court details in ICMS about court dates, outcomes and people named, and update ICMS as needed.
• Gather further information from relevant sources, such as the QPS or OCFOS, if required.
• Make sure the information is recorded in ICMS. If the information is already recorded, check it is accurate and update as needed—the ETCR report will remain accessible in the ICMS reports tab.
• If the information indicates new harm or risk of harm to the child, record the information in line with usual intake and investigation and assessment processes.
• Make sure a person profile exists in Unify for each child or adult who has a significant relationship with the subject child.
• Attach the ETCR report to the relevant event in ICMS.

Information about a reportable offender

If information is received that indicates a reportable offender may be posing a risk of harm to a child:

• contact the Officer in Charge of the local CPIU
• request information about 
  • the nature and recency of the convictions
  • the risk to the subject child.

A reportable offender is defined in the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, section 5, as:

• a person who has a conviction recorded for a reportable offence, and
• is sentenced to either 
  • a detention order 
  • a supervised order.

The Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 requires particular offenders, who have been convicted of committing sexual or other serious offences against children to keep the QPS informed of their whereabouts, and other personal details, for a period of time:

• to reduce the likelihood of re-offending
• to assist in the investigation and prosecution of any future offences they may commit
• and for other related purposes.

Reportable offenders must notify the QPS if they:

• have unsupervised access to a child for 3 days or more within a 12 month period
  or
• reside in a household for 3 days or more where a child resides.

The QPS is required to report the information to Child Safety if they decide that a reportable offender may pose a risk to a child:

• with whom they reside
  or
• with whom they have unsupervised contact.

Information about sexting

Sexting is the act of sending intimate images or sexually explicit text messages or emails, usually via mobile telephones and other communication technologies.

The distribution and possession of self-produced intimate images by children can have social, emotional and criminal implications for the child, including:

• experiencing significant reputational and emotional harm due to the ease of images being circulated on the internet and social media
• the committing of serious criminal offences by taking, possessing or sending child exploitation material.

Offences relating to child exploitation material and non-consensual sharing of intimate images are governed by the Queensland Criminal Code Act 1899.  It is a crime in Queensland to:

• share an intimate image of someone without their consent, in a way that could reasonably cause distress to the other person
• threaten to share an intimate image without the pictured person’s consent, even if the image does not exist, including                                                                                                                                           
  • threats made to the person in the image  
  • threats to anyone else.  

An intimate image is defined in the Criminal Code Act 1899. It may include a photograph or video of a person:

• nude
• with their genitals or backside showing (bare or covered by underwear)
• with their bare breasts showing, if they are 
  •  female
    or
  •  transgender
    or
  • intersex and identify as female
• engaged in an intimate sexual activity not ordinarily done in public
• that has been digitally altered, including    
  • a person’s face digitally added to a pornographic or sexualised image
  • a nude or partially nude person with their genitals or breasts digitally covered (for example, with an emoji).

This is not a complete list.

The QPS is responsible for criminal investigations in relation to sexting if a young person has:

• menaced
• harassed
• exercised force
• coerced someone younger
• otherwise acted without the consent of the other person.

This includes the deliberate on-sharing of indecent images or video to others without consent.

Complete a Police referral, in line with reporting obligations under the Child Protection Act 1999, section 14(2), and forward it to the QPS, if information is received that suggests:

• a child or younger person has                                                               
  • been menaced, harassed 
  • exercised force, coerced someone younger or otherwise acted without the consent of the other person 
• an adult is sexting a child who is under 16 years.

If information received suggests that a child has self-produced and distributed indecent images of themselves:

• a police referral does not need to be sent, even though this is a possible criminal offence
• consult the senior team leader to discuss if any action is required.

Concerns about pool fencing

If concerns received are associated with pool fencing, report the information (regardless of the intake response) to the relevant local authority responsible for assessing pool fencing compliance, providing only: 

• the property address
• the nature of the issue relating to the pool fence.

Do not provide the family’s name or other identifying details.

Request for information from a Queensland court under the Domestic and Family Violence Protection Act 2012 

A Queensland court may request information from Child Safety to assist in deciding certain matters being contested by a respondent under the Domestic and Family Violence Protection Act 2012, section 55. The court will complete a Report to the Court pursuant to section 55 (Part A — Request) form to request information about any of the following:

• a child
• an aggrieved person
• a respondent.

Information from Child Safety will help the court decide whether to:

• name the child in the protection order being sought
  or
• impose a condition relating to the child. 

The request for information must be complied with as quickly as possible, given the request is a court order and the matter relates to specific safety issues for an aggrieved person or a child (Domestic and Family Violence Act 2012, section 55(3)).

To respond to the request:

• provide acknowledgement of the request to DMS via email
• ensure the request meets the requirements for information provision under the Domestic and Family Violence Act 2012, section 55
• contact the court registrar if further information is required (for example, an incomplete form or section 55 conditions are not met)
• review any Child Safety records for the child, the aggrieved or the respondent 
• consult with other CSSCs where necessary
• record relevant information in the Report to the Court pursuant to section 55 form, either
  • complete Part B - Response (section iii)
    or
  • complete Part B - Response (section ii) only, if the information is not considered relevant.

If there is relevant child protection history:

• complete the template the Information for domestic violence proceedings - section 55 report and include
  • a concise summary of the child protection history 
  • details of any current intervention by Child Safety and a copy of the most recent order, if applicable
  • relevant information from the case plan for the subject child or children
  • other relevant information that relates to the request, including any current assessment of risk related to the subject children
  • any current assessment of risk related to the subject children
• refer to the practice guide practice guide Court request for information−Domestic violence orders (section 55).) for guidance about providing information to the court
• consult with the senior team leader or senior practitioner to assist with completing the report, if required
• contact Court Services for further advice if required.

The senior team leader will:

• undertake a quality assurance role and ensure the information provided is in accordance privacy requirements and the confidentiality provisions of the Child Protection Act 1999, sections 186 -189
• ensure that consideration has been given to what information is shared or not shared, with a view to the current and future safety of the child and person experiencing violence, and any potential unintended consequences.
• consult with staff who have domestic and family violence expertise, if required
• ensure the report is provided in a timeframe that allows all parties the reasonable opportunity to prepare and make submissions about the information. (Refer to the Domestic and Family Violence Act 2012, section 55(5) and (6)
• progress the completed report and information to the CSSC manager for approval. 

Once completed:

• Send the Report to the Court pursuant to section 55 form (both Part A - Request and Part B - Response) to the Registry Manager at the identified court via email, along with, if relevant
  • a copy of the completed the Information for domestic violence proceedings - section 55 report
    and
  • any attachments referred to in the report. 
• Record a case note entitled ‘Response to a Report to the Court pursuant to section 55 request’ in 
  • the current open event in ICMS
    or
  • a new intake enquiry, if there is no current open event in ICMS.
• Save the Report to the Court pursuant to section 55 form, the completed report and the attachments in iDOCS under ‘Court and legal’ and hyperlink them to either the open event or the intake enquiry, using the title ‘yyyymmdd_Section 55_ DFVP request for information’ or ‘yyyymmdd_Section 55_ DFVP response to request for information’.

Information that requires a child to be moved to a safe place

The Child Protection Act 1999, section 21, provides the authority for an authorised officer or police officer to move a child, under the age of 12:

• from a place
• to be cared for until a parent or family member resumes care of the child.

To exercise this authority:

• move the child
  or
• make arrangements for another reliable person to move the child
  • to a safe place
  • where they can remain until they return to the care of a parent or family member 
• if necessary, obtain help that is reasonable in the circumstances to move the child to a safe place.

A safe place can be:

• the home of a neighbour who knows the child and parents
• the home of a relative or friend
• the child’s family day care provider
• a hospital
• an approved care arrangement with a foster carer
• a CSSC
• a police station.

A child must not be moved to a watch-house.

As soon as practicable after a child has been moved to a safe place, the CSO must:

• take steps to advise at least one of the child’s parents or a family member of 
  • the child’s whereabouts
  • their name, position and department, showing their identity card as required by the Child Protection Act 1999, section 153
• explain their authority to move the child to a safe place under the Child Protection Act 1999, section 21
• explain why the authority was used
• record the use of the power in a safe place movement record in ICMS, including in situations where the power was exercised jointly with the QPS.

If a child for whom there are no child protection concerns is moved to a safe place, record the use of the power in a safe place movement record in ICMS. No further action is required. If a parent is unable to be located within a reasonable timeframe, consult the senior team leader, as further action may be required.

If there are child protection concerns received or identified while moving the child to a safe place, record and respond in line with usual intake processes.

Enquiry about becoming a carer

If a caller seeks information about becoming a foster carer, refer the caller to the Queensland foster carer recruitment line on 1300 550 877. This is a statewide service provided by Queensland Foster and Kinship Care.

Refer enquiries about becoming a kinship carer to the relevant CSSC.

Enquiry about adoption

If information is received or requested about adoption matters, including an adoption care agreement, refer to the Adoption Practice Manual.

If the child is part of an adoptive family, consider contacting Adoption and Permanent Services or Post Adoption Support QLD.