Decide the type of child protection order to recommend

Only recommend a child protection order to the DCPL if a child’s need for safety is unable to be met by providing another type of ongoing intervention, and statutory authority is needed to enable intervention by Child Safety.

The types of child protection orders for ongoing intervention are:

• a directive order
• a supervision order
• a child protection order granting custody to a member of the child’s family or the chief executive
• a child protection order granting short-term guardianship to the chief executive
• a transition order
• a child protection order granting long-term guardianship to a suitable member of the child’s family or to a suitable person or to the chief executive
• a permanent care order.

Consider intervention with a child protection order when:

• a child is assessed as being in need of protection
• the safety, belonging and wellbeing needs of a child cannot be met by the use of intervention with parental agreement
• the most recent safety assessment for a child has an outcome of 'unsafe'
• a child's need for safety cannot be met by the sole use of a safety and support network and services external to Child Safety
• removal from the family home is necessary to protect a child
• the use of a planned care arrangement under a child protection care agreement is not appropriate
• the family is not working with Child Safety and will not participate in any case planning that offers protection to a child
• a parent responsible for harm to a child has access to the child and is unwilling to participate in the case plan.

Consider the following factors when assessing the most appropriate child protection order to recommend:

• if a child can safely remain in the home or needs to come into care
• the views of a child
• the views of the family
• the case plan goals for the child
• for an Aboriginal or Torres Strait Islander child
  • the long-term effect of the decision on a child’s identity and connection with their family and community
  • the extent to which Child Safety has made active efforts to apply the five elements of the Aboriginal and Torres Strait Islander Child Placement Principle when working with the child and the child's family. For further information refer to the practice guide Evidencing compliance with the 5 elements of the Aboriginal and Torres Strait Islander Child Placement principle.
  • the participation and outcome of the family-led decision making process
• the outcome of any previous intervention, including the family’s engagement with Child Safety and other service providers 
• the level of intervention needed for a child’s safety, belonging and wellbeing
• the child's specific permanency needs, the  benefits and disadvantages associated with each  option for achieving permanency for the child, and whether the proposed order would best achieve relational, physical and legal permanency for the child. (Refer to the Child Protection Act 1999, section 5BA(4) and the policy Permanency planning.

Additional factors that may be considered include:

• if the current child protection order is due to expire
• if the current child protection order has been extended more than once or a child's long-term need for permanency and stability must be considered
• if a suitable person granted long-term guardianship or permanent guardianship of a child is no longer able or willing to meet their guardianship responsibilities
• if permanency for the child can be better achieved by a different order or action.

Consider a child’s and family’s individual circumstances in the decision making process, including:

• if a child needs protection from one or both parents
• if a child’s contact with one or both parents needs to be restricted for safety reasons
• if one parent, with support from their safety and support network members, may be able to assume a protective role with a child
• the relationship between the parents and their level of involvement with the child
• each parent's ability and willingness to be involved with case planning and to implement case plan actions
• who will have custody and guardianship of a child for the duration of ongoing intervention (Refer to Procedure 5 Determine who has custody or guardianship of the child. )

Recommend a directive order

There are two types of directive orders:

• an order directing a parent of a child to do or refrain from doing something directly related to a child's protection—Child Protection Act 1999, section 61(a) 
• an order directing a parent not to have direct or indirect contact either
  • with a child
  • with a child other than when a stated person or a person of a stated category is present—Child Protection Act 1999, section 61(b). 

Directive order about parental actions—section 61(a)

A directive order can direct a parent to take an action or not take an action that is related to a child’s safety, belonging and wellbeing. A directive order about parental actions applies if:

• The parents will not take the action, or stop the action, on a voluntary basis.
• A child can safely remain at home as long as the parents take certain actions or stop certain actions. (Refer to the most recent safety assessment.)
• The action is able to be clearly defined, and what is required of parents is easily understood by the parents.
• Failure on the parents’ part to keep to the directives of the order will not place a child at unacceptable risk of harm.
• The parents are likely to follow the recommended order.

Directive order about parental contact—section 61(b)

A directive order can direct the parent not to have contact, direct or indirect, with a child, or to only have contact when a stated person or a person of a stated category is present. A directive order about parental contact applies for any one of the following circumstances:

• a child can remain at home with a protective parent if the parent to whom the child protection concerns apply is prevented or restricted from contact
• a protective parent  consents to a child being cared for by another person (for example, a relative) and the parent to whom the child protection concerns apply is prevented or restricted from contact
• a parenting order in the Family Court of Australia needs to be overridden for child protection reasons, allowing the protective parent to apply for variation of the parenting order
• the order will prevent a parent from harassing a child in a significantly harmful way, (for example, making telephone threats) and prosecution may be required to enforce the contact order. In this case, the order may be made in conjunction with any other child protection order
• a child's safety is met by supervising a parent’s contact with the child, and there is a person assessed as able and willing to provide the supervision.

It is not appropriate to recommend a directive order:

• to deny both parents contact. (Consider an order granting custody instead)
• when a child is living with their only parent and would be left home alone
• to deny someone entry to the family’s home, except on a very temporary basis.

A child's case plan will clearly outline how the directive order will be implemented and monitored. (Refer to Procedure 5 Assess and prepare to develop the case plan.)

Recommend a supervision order

A supervision order requires the chief executive to supervise a child’s protection in relation to matters stated in the order (Child Protection Act 1999, section 61(c)).

Recommend a supervision order when all of the following apply:

• A child is in need of protection, but supervision and direction by Child Safety will allow
  • a child to safely remain at home
  • Child Safety to monitor the situation to ensure the matters stated in the order are addressed by the parents.
• Specific matters relating to a child's care need to be supervised by Child Safety.
• Failure on the parents’ part to comply with Child Safety requirements will not place the child at immediate risk of harm.
• The required intervention, with the child residing in the home, will not be accepted by the parents on a voluntary basis.
• It is appropriate for the parents to retain their custody and guardianship rights and responsibilities.

Recommend a short-term order

The Childrens Court can grant custody to:

• a suitable person, other than a parent of a child, who is a member of a child’s family
  or
• the chief executive.

The Childrens Court can grant short-term guardianship to the chief executive.

Custody to a member of a child’s family

Consider recommending an order granting custody to a suitable member of a child’s family when the following apply:

• A child cannot be safely left at home using a lesser order. (Consider the most recent safety assessment).
• Child Safety is working towards the reunification of a child with the parents.
• A suitable family member is able and willing to have custody of a child for the purpose of protecting the child; and to work with Child Safety in planning for the child to return to the care of the parents.
• There is no significant conflict between the parents and the family member. (The CSO and senior team leader will assess the adult relationships and interactions and decide whether the behaviour is having any impact on the child.)
• The family member will facilitate family contact between a child and the parents.
• A 'no contact' decision on a parent is not needed.
• The family member is able and willing to assume full financial responsibility for the care of the child.
• The family member will work with Child Safety and allow the CSO to have contact with the child to achieve case plan goals.

If one of the factors do not apply, for example, the ability of the family member to facilitate family contact between a child and parents, consider a child protection order granting custody to the chief executive instead.

The child can still be placed with the family member if they become an approved kinship carer. (Refer to Procedure 6 Assess and approve initial carer applicants.)

Custody to the chief executive

An order granting  custody to the chief executive is needed when:

• A child cannot remain safely in the home using a different type of child protection order or type of intervention.
• Child Safety is working towards the reunification of a child with the parents.
• A ‘no contact' decision on a parent is not needed.
• The parents are able to make guardianship decisions for the child.
• There is no family member or relative able or willing to care for the child.

Short-term guardianship

In line with the Child Protection Act 1999, section 61(e), a child protection order granting short-term guardianship can only be made in favour of the chief executive. Consider an order granting short-term guardianship to the chief executive when:

• A child cannot remain safely in the home using a different type of child protection order or type of intervention. 
• Child Safety is working towards the reunification of a child with the parents.
• The parent is not able and not willing to make guardianship decisions for the child that will meet their safety, wellbeing and best interests (for example, regarding health care).
• The parent has not been contactable or has not worked with Child Safety in case planning for a child.

Duration of an order granting custody or short-term guardianship

An order granting custody or short-term guardianship must not be for more than 2 years (Child Protection Act 1999, section 62(3)). The Childrens Court can make a further short-term order when it is satisfied that it is in the best interests of a child and reunification with the parents is reasonably achievable in the stated timeframe.

The 2-year timeframe may include one or more consecutive short-term child protection orders. For example, if a child has been subject to a short-term order for 12 months, a further order can only be made for a maximum of 12 months (2 years in total).

Recommend a long-term guardianship order or permanent care order

The Child Protection Act 1999  allows the following types of orders to be made:

• a long-term guardianship order, granting long-term guardianship of the child to
  • a suitable family member, other than a parent of the child (Child Protection Act 1999, section 61(f)(i)
    or
  • another suitable person nominated by Child Safety, for example, a foster carer or a kinship carer who is not a family member (Child Protection Act 1999, section 61(f)(ii))
    or
  • the chief executive (Child Protection Act 1999, section 61(f)(iii))
• a permanent care order granting long-term guardianship of the child to a suitable family member or another suitable person, other than a parent of the child or the chief executive (a permanent guardian), nominated by the chief executive (Child Protection Act 1999, section 61(g)).

Consider recommending a long-term guardianship order or a permanent care order when:

• reunification has not been achieved
  • within two years of the development of the child's first case plan (after coming into care) and
  • and is unlikely to be achieved within a timeframe considered appropriate for the child (taking into account their age and stage of development)
• all reasonable and practicable steps have been taken to help the parents achieve case plan goals and meet the child's protection and care needs
• the child will not have a parent able and willing to protect them in the foreseeable future
• the child has been provided with meaningful opportunities to participate in the decision and express their views about what is in their best interests (Child Protection Act 1999, section 5B(n))
• the family have had an opportunity to express their views about how best to achieve permanency for the child.

If a long-term order or permanent care order is being considered:

• identify the child's specific legal, relational and physical permanency needs and assess the comparative benefits of all options to identify if long-term guardianship or permanent care would best achieve permanency for the child (Child Protection Act 1999, section 5BA(4))
• consider completing the Collaborative assessment and planning framework with the child, carer, parents and their safety and support network
• consider the principles for achieving permanency for the child in the Child Protection Act 1999  section 5BA(4)
• consider the additional principles for achieving permanency for Aboriginal and Torres Strait Islander children (Child Protection Act 1999, section 5C) when identifying order or action that will best achieve permanency for the child
• for an Aboriginal or Torres Strait Islander child
  • arrange for an independent person to help facilitate the child and family's participation in the decision making process and offer the opportunity to participate in a family-led decision making process, with their consent (Refer to Procedure 5 Enable participation of Aboriginal and Torres Strait Islander peoples in decision making.)
  • complete the Independent person form in ICMS to record whether an independent person helped facilitate the participation of the child and family in the decision making process (Refer to Procedure 5 Complete the independent person form.)
• find out the child's visa and citizenship status, if this is not known already (Refer to Seek permanent residency for a child.) 
• consider whether there is a person who may be suitable to be the child's long-term or permanent guardian, and if so, undertake an assessment of their suitability (Refer to Assess the proposed guardian.)
• refer the matter to a practice panel. (Refer to Procedure 5 Refer the case to a practice panel.)

Seek permanent residency for a child

In all cases where the child is not a permanent resident of Australia, or there is uncertainty about a child’s visa or citizenship status, contact the intercountry liaison team at Court Services via the Court Services mailbox courtservices@cyjma.qld.gov.au or by telephone on 3097 5400. Court Services staff can:
•    find out if a child is an Australian citizen
•    facilitate the process for seeking permanent residency for the child
•    provide information about the path to citizenship for a child in care.

Long-term guardianship to a suitable family member or another suitable person

The Childrens Court can only grant a long-term guardianship order to a suitable person  who is not a member of the child's family if both of the following apply:

• The child is already in the custody or guardianship of the chief executive under a child protection order.
• The proposed long-term guardian is nominated by the chief executive.

The Childrens Court must not grant long-term guardianship of a child to the chief executive if the court can properly grant guardianship to another suitable person (Child Protection Act 1999, section 59(7)(b)).

Long-term guardianship to the chief executive

A long-term order granting guardianship to the chief executive is appropriate when:

• there is no parent able and willing to protect the child now and in the future
• a child's carers say they are not able or willing to assume long-term guardianship
• a child's carers say they are willing to assume long-term guardianship, but Child Safety has assessed that the carers are not, or may not be, able and willing to assume all guardianship responsibilities for the duration of the order
• a child's long-term need for relational, physical and legal permanency is best met by the making of the order.

Permanent care order

A proposed permanent guardian is nominated by the chief executive. The Childrens Court can only grant a permanent care order if satisfied that:

• the proposed permanent guardian is a suitable person for having guardianship of the child on a permanent basis
• the proposed permanent guardian is able and willing to meet the child's ongoing protection and care needs on a permanent basis
• the proposed permanent guardian is committed to preserving the child's identity, the child's connection to their culture of origin and their relationship with members of the child's family, in line with the case plan
• the child is already in the custody or guardianship of the chief executive or in the long-term guardianship of a suitable person
• the child has been living with the proposed permanent guardian for 12 months before the making of the order. 

Considerations for an Aboriginal or Torres Strait Islander child

For an Aboriginal or Torres Strait Islander child, also consider:

• the long-term effect of the decision on the child's identity and connection with their family, community, culture, language and traditions
• whether the decision making process has given the child and family the opportunity to exercise self-determination (Refer to Procedure 5 Enable participation of Aboriginal and Torres Strait Islander peoples in decision making)
• whether active efforts have been made to apply the Aboriginal and Torres Strait Islander child placement principle when determining the option that will best achieve permanency for the child
• completing the Case reflection tool - strengthening safe care and connection and permanency for Aboriginal and Torres Strait Islander children to help identify whether all information and options have been considered and active efforts have been made to apply the Aboriginal and Torres Strait Islander child placement principle. 

Assess the proposed guardian

If a child cannot be cared for by their parents or is subject to a child protection order granting long-term guardianship to the chief executive, consider whether there is a person who may be suitable to be the child's long-term guardian or permanent guardian. 

Consult a senior team leader and senior practitioner about whether to progress the assessment of a proposed guardian. To decide whether to progress the assessment, consider:

• the duration the child has been in the care arrangement with the proposed guardian, if applicable
• the nature of the relationship between the child and the proposed guardian, and the proposed guardian's family
• whether the proposed guardian provides care for or has been granted guardianship of any of the child's siblings
• what is known about the relationship between the proposed guardian and the child's family, including whether the proposed guardian
  • facilitates the child's connection with their family
  • provides the child's parent with information about the child
• what is known about the child's cultural identity and the proposed guardian's cultural identity, and whether the proposed guardian is actively helping the child to develop and maintain a meaningful connection to their culture
• the nature of supports the proposed guardian receives to meet the child's needs, and whether these could continue if they were granted guardianship of the child
• whether the proposed guardian cares for the child in a way that is consistent with the statement of standards (Child Protection Act 1999, section 122)
• whether the proposed guardian has helped to achieve the case plan goals for the child
• whether available information suggests that the proposed guardian upholds the Charter of rights for a child in care.

If it is agreed that an assessment cannot progress:

• identify the barriers to progressing the assessment and work with the proposed guardian to resolve the barriers, if possible
• review the child's case plan to ensure it includes plans to progress to an alternative permanency arrangement, if the child is subject to a child protection order granting long-term guardianship to the chief executive or the proposed application is for this order.

If it is agreed that it is in the child's best interests to progress an assessment:

• seek the proposed guardian's 
  • views about becoming a long-term or permanent guardian and provide them with the brochure Providing long-term care Information for guardians
  • consent to undertake personal history checks (Refer to Seek consent to complete personal history checks.)
• provide the child with the relevant information and support they need to express their views about the proposed guardian being their long-term or permanent guardian. Provide them with a copy of
  • Your long-term care - information for children
  • Your long-term care - information for young people
  • My rights in care - information for children (for children aged 4 to 8 years)
  • My rights in care - information for young people (for children aged over 9 years)
• provide the child’s parents with the brochure Your child’s long-term care Information for parents and seek their views about the proposed guardian having guardianship of the child
• seek the views of the child’s family about the proposed guardian having guardianship of the child
• seek the views of the child's parents and family about the proposed guardian have long-term guardianship of the child
• for an Aboriginal or Torres Strait Islander child
  • arrange for an independent person to help facilitate their participation in the decision making process with their consent
  • offer the opportunity to participate in a family-led decision making process
  • complete the Independent person form in ICMS
• assess whether the proposed guardian is
  • a suitable person to have guardianship of the child
  • able and willing to meet all of the guardianship obligations for the duration of the order or until the child leaves home to live as an independent adult
• discuss the financial arrangements available for the proposed guardian and seek the CSSC manager's approval for financial support in excess of the fortnightly caring allowance and inform the proposed guardian of the outcome
• based on the assessment, decide whether to recommend 
  • the proposed guardian is suitable to be the child's long-term guardian
  • the proposed guardian is suitable to be the child's permanent guardian
  • the proposed guardian is not suitable to have guardianship of the child
• complete the Proposed guardian assessment report
• discuss the report and recommendation with the child, the child's parents and the proposed guardian. Include their feedback in the report
• refer the matter to a practice panel (Refer to Procedure 5 Refer the case to a practice panel.)
• provide the completed assessment report and required documents to the CSSC manager for approval.

Seek consent to complete personal history checks

Once the decision has been made to progress the assessment of a proposed guardian, complete personal history checks as a first step in the process. To seek consent:

• Advise the proposed guardian that the assessment process may include the collection and sharing of information, including for court purposes. Record any concerns expressed by the applicant about this in a case note.
• Explain that any relevant child protection history, criminal history or domestic and family violence history may be filed with the Childrens Court (Childrens Court Rules, Rule 13(3)). 
• Ask the proposed guardian to read the privacy notice and disclosure statement in the form Consent to collect personal information - proposed guardian and seek their written consent on the same form.
• Review the department history to identify whether
  • the proposed guardian has a child protection history relating to alleged harm or risk of harm to a child
  • concerns have been raised about the standards of care or harm to a child in care, if the proposed guardian is a carer
  • support is needed to help the proposed guardian to meet the standards of care for the child, and whether this can continue if they are granted guardianship of the child.
• Ask a delegated officer to access the Self-Service of Document Retrieval (SSoDR) portal, to determine whether the proposed guardian has a criminal history or domestic and family violence history in Queensland (under the authority of the Child Protection Act 1999, section 95(2)).
• Check Connect for Safety to determine whether the proposed guardian has a record with a child welfare authority in another jurisdiction, if the proposed guardian has lived interstate and seek an interstate child protection history if necessary.
• Seek an interstate criminal history, if necessary.

Use the information obtained from the personal history checks to assess:

• whether the proposed guardian is suitable to have guardianship of the child in accordance with the Child Protection Regulation 2023, section 18
• whether to proceed with an assessment of the proposed guardian’s ability and willingness to meet the legal obligations of a long-term or permanent guardian.

If a proposed guardian is concerned about giving their consent to obtain and release their personal history:

• speak to them to understand the nature of their concerns 
• explain that the assessment cannot proceed without completing the personal history checks, and they are required to help determine their suitability to have guardianship of the child
• advise them to seek independent legal advice about their concerns, if required.

Take action after a decision has been reached

After the assessment report is approved by the CSSC manager:

• Seek a legal consult with an OCFOS lawyer to
  • discuss the assessment and review evidence to ensure that it is sufficient to support the proposed intervention
  • discuss the material needed to be included in the affidavit to support the proposed application
  • decide timelines.
• Refer the matter to the DCPL (Refer to Refer to the Director of Child Protection Litigation to apply, extend, vary or revoke a child protection order.)
• If applicable, make sure all parties are informed of available review processes, which include
  • Child Safety's complaints system. For further information, refer to Compliments and complaints on the Child Safety website.
  • The Office of the Public Guardian. Where requested, direct parties to the Public Guardian website for information.
• Provide written advice of the recommendation and reasons, including the review process available, if requested.
• Record the outcome in the child's ongoing intervention event in ICMS.
• Include the relevant information from the assessment in
  • the review report in ICMS
  • the affidavit for the DCPL
  • the revised case plan for the child. (Refer to Create the long-term guardianship to suitable person―case plan or Create the permanent care order―case plan.)

If it is determined that there is no person who can be approved as a long-term guardian or permanent guardian for a child:

• include the rationale for not recommending a suitable person and document the assessment and recommendation in 
  • the review report in ICMS 
  • the affidavit 
  • the revised case plan for the child
• refer the matter to the DCPL, recommending an order for long-term guardianship to the chief executive (Refer to Refer to the Director of Child Protection Litigation to apply, extend, vary or revoke a child protection order.)
• ensure the child’s case plan in includes plans to progress an alternative permanency arrangement.

Create the long-term guardianship to suitable person―case plan

When a referral is made to the DCPL to apply for a child protection order granting long-term guardianship of a child to a suitable person, prepare a case plan for the Childrens Court by doing the following in the child’s new ongoing intervention event in ICMS:

• add the approved foster or kinship carer to the event (if this has not already occurred) and edit their role to long-term guardian
• record a ‘generic’ case note explaining that the role of approved foster or kinship carer has been edited to long-term guardian to enable the LTG to suitable person - case plan to be created
• create and complete the Long-term guardianship to suitable person―contact and review report 
• create and complete the Long-term guardianship to suitable person―case plan based on information from the child’s current case plan. Note the case plan will only address the child’s needs and not any previously identified needs for the parents
• submit the Long-term guardianship to suitable person―case plan to the senior team leader for approval.

Record the long term guardianship to suitable person―case plan

Make sure the following requirements regarding long-term guardianship orders to a suitable person are reflected in the Long-term guardianship to suitable person―case plan:

• Child Safety will have contact with the child every 12 months (Child Protection Act 1999, section 51VA(2)).
• The proposed long-term guardian will allow Child Safety to have contact with the child (Child Protection Act 1999, section 51VA(3)).
• Unless an exception has been made by the Childrens Court, the proposed long-term guardian will
  • keep the child’s parents informed about where the child is living 
  • give the child’s parents information about the child’s care (Child Protection Act 1999, section 80(1)(a) and (b))
  • provide opportunities for contact between the child and the child’s parents and appropriate members of the child’s family as often as is appropriate in the circumstances.
• The proposed long-term guardian must, as far as practicable, ensure the care provided to the child complies with the charter of rights (Child Protection Act 1999, section 79A), including the obligation to inform the child of their right to make a complaint to Child Safety if the child considers the charter of rights is not being complied with.
• The proposed long-term guardian must notify Child Safety in writing if the child leaves their direct care at any time in the future and provide details of the child’s whereabouts, if known (Child Protection Act 1999, section 80A(2)).

A Long-term guardianship to suitable person – case plan is submitted to the Childrens Court and must include all of the following sections.

The child’s details and date of case plan 

In the first sections of the case plan record:

• the child’s details
• the date of the case plan―either the date of the most recent family group meeting or the date the case plan was reviewed (if no family group meeting was  held)
• whether the child participated in the case plan review 
• whether the proposed long-term guardian participated in the case plan review.

Case plan goal

In this section record:

• the primary goal of the case plan to best achieve (or maintain) permanency
• the rationale for the goal.

Support needs and actions

In the ‘support needs and actions’ section, record:

• any support needs identified for the child and how they will be met
• the actions required to address the needs
• who is responsible for the actions
• the date the actions are to be completed or reviewed.

Child information

Record the following information in the child information section:

• Education―relevant information about the child’s schooling or child care arrangements. Note―a child who has a long term guardian is not eligible for an education support plan.
• Family and community―refer to Family and community.
• Child health―information about current and potential future health needs the child has. Note―a child who has a long-term guardian is not eligible for a child health passport.
• Cultural support plan, if relevant. Refer to Family and community.
• Transition to adulthood―if the child will be 15 years or older at the time the order will be made― include information about how the proposed long-term guardian will support the child’s transition to adulthood.

Family and community

Record the views of the child, parents and the proposed long-term guardian about:

• the proposed contact arrangements between the child and
  • their parents
  • other family members and significant people
• any proposed submissions made by the DCPL to the Childrens Court to modify the long-term guardian’s ongoing obligation to provide family contact―due to significant risk to the safety of the child or anyone with whom the child is living.

Cultural support plan

To develop a cultural support plan (within the child’s case plan) record the following information:

• for an Aboriginal or Torres Strait Islander child
  • the name of the clan/language group/ethnic group or cultural group/island the child belongs to―record this in the ‘Indigenous community/Language group’ field of the  ‘Indigenous status’ section in the child’s profile in ICMS
  • the name of the mob/community and/or island group, clan group, language group and skin group the child’s siblings, mother and father belong to
  • activities the child will be involved in (and how often) to support and preserve their cultural identity and connection with family and community, including
    • what help they will need to take part in the activities
    • who will support them to attend the activities
  • how the child will be supported to develop and maintain a connection with their culture and traditions and members of their family, community and language group
  • the support the proposed long-term guardian needs to
    • develop and maintain the child’s cultural identity, connection with their family, community, culture, traditions and language― particularly if the carer does not identify as Aboriginal or Torres Strait Islander
    • feel confident to participate in Aboriginal and Torres Strait Islander or other cultural community events
  • the names, relationship (or organisation) and contact details of people who have agreed to have contact with the child to support and develop their cultural identity. 
• for a child from another culture
  • relevant cultural information about the child, his or her family, community, language, clan, ethnic, island or cultural group and personal history
  • activities the child will be involved in (and how often) to support and preserve their sense of cultural identity and links, including
    • what help they will need to take part in the activities
    • who will support them to attend the activities
  • how the child will be supported to develop and maintain a connection with their family, community, culture, traditions and language group
  • the names, relationship (or organisation) and contact details of people who have agreed to have contact with the child to support and develop their cultural identity.

Case plan review

Record the date (within the next 12 months) of the next scheduled contact with the child, at which time a case plan review will be offered to the child and long-term guardian.

Also document the approved financial supports to be paid after the order is made including specific details of any child related costs and additional carer payments as recorded in the Proposed guardian assessment report.

Create the permanent care order―case plan

When a referral is made to the DCPL to apply for a permanent care order, a revised case plan must be submitted to the Childrens Court. Consult with the following people to prepare a case plan for the Children's Court:

• the proposed permanent guardian
• the child and family members
• members of the child’s safety and support network
• relevant professionals.

Access the Permanent care order – case plan in the child’s new ongoing intervention event ICMS. To access the case plan:

• add the approved kinship or foster carer to the event and edit their role to permanent guardian
• record a generic case note explaining that the role of the approved foster or kinship carer has been edited to permanent guardian to create the Permanent care order— case plan in ICMS
• create the Permanent care order—case plan. Note the recorded outcomes in the case plan will only address the needs of the child—not any previously identified needs for the parents.

After finalising the case plan process, complete the Permanent care order—case plan and submit to the senior team leader for approval.

After finalising the case plan process:

• complete the Permanent care order—case plan and submit to the senior team leader for approval
• provide a copy of the case plan to the child’s parents and to the proposed permanent guardian.

If the order is granted, provide a copy of the finalised case plan to the child’s parents and the permanent guardian.

Record the permanent care order – case plan

A permanent care order—case plan submitted to the Childrens Court must include all of the following sections.  

The child’s details

In the first section of the case plan record the child’s name, date of birth, age, sex, indigenous status and ethnicity.

Case plan details

Record the:

• date the case plan was developed, in the date of the case plan field
• case plan goal as ‘Long term care to be provided by permanent guardian’
• name of the proposed permanent guardian.

Outcomes and actions

In the ‘outcomes and actions’ section record the key needs of the child and how these will be met by the proposed permanent guardian in regards to:

• safety, belonging and wellbeing―include information about how the proposed permanent guardian has met these needs for the child to date
• family and community―refer to Family and community
• cultural connection―clearly detail how the proposed permanent guardian will preserve the child’s identity and connection to their community, culture and country. (Refer to the practice kit Safe care and connection.)
• health and wellbeing―outline how the proposed permanent guardian will support the child and respond to any identified health issues, considering
  • the child will not be eligible for a child health passport
  • the proposed permanent guardian will be fully responsible for meeting the child’s identified medical and therapeutic needs
• education, training and employment―outline how the proposed permanent guardian will support the child and respond to any identified education, training or employment needs, considering
  • the child will not be eligible for an education support plan
  • the proposed permanent guardian will be fully responsible for meeting the child’s identified education, training and employment needs
• transition to adulthood―if the child will be 15 years or older at the time the order will be made― include information about how the proposed permanent guardian will support the child’s transition to adulthood
• financial matters―refer to Resources and financial matters.

Also in the ‘outcomes and actions’ section record the legislative obligations of a permanent guardian:

• to ensure the charter of rights for a child in care is complied with (Child Protection Act 1999, section 79A (1)(a)), including the obligation to inform the child of their right to make a complaint to Child Safety if the child considers the charter of rights is not being complied with
• to help the child transition to adulthood (Child Protection Act 1999,  section 79A(1)(b))
• to preserve the child’s identity and connection to their culture of origin to the extent it is the best interests of the child (Child Protection Act 1999,  section 79A(1)(c))
• unless an exception is made by the Childrens Court
  • to keep the child’s parents informed about where the child is living 
  • to give the child’s parents information about the child’s care (Child Protection Act 1999, section 80(1)(a) and (b))
  • to provide opportunity for contact between the child and the child’s family members and other persons of significance to the child as often as is appropriate in the circumstances
• to notify Child Safety in writing if the child leaves their direct care at any time before they turn 18 and provide details of the child’s whereabouts, if known (Child Protection Act 1999, section 80(A)(2)).

Family and community

Document what arrangements will be in place for the proposed permanent guardian to:

• preserve the child’s relationships with members of their family
• ensure the child maintains contact with their family and persons of significance to them.

Record the views of the child, parents and the proposed permanent guardian about:

• the proposed contact arrangements between the child and
  • their parents
  • other family members and significant people.
• any proposed submissions made by the DCPL to the Childrens Court to modify the permanent guardian’s ongoing obligation to provide family contact―due to significant risk to the safety of the child or anyone with whom the child is living.

Resources and financial matters        

Record how the proposed permanent guardian will support the child financially and identify if there are any financial issues that will impact on the permanent guardian’s ability to accept full financial responsibility for the child until the child becomes financially independent.

A permanent guardian may be eligible for the high or complex support needs allowance where it is assessed that the child has high, complex or extreme support needs that regularly exceed the fortnightly caring allowance.