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 – for further information refer to Procedure 5 Determine who may decide a custody or guardianship matter. 

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 or short-term guardianship to:

• a suitable person, other than a parent of a child, who is a member of a child’s family
  or
• 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 Arrange the initial carer assessment.)

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 order

In line with the Child Protection Act 1999, section 61(e), a short-term guardianship order 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 an order for long-term guardianship

A long-term guardianship order grants guardianship to one of the following:

• a suitable family member, other than a parent of the child (Child Protection Act 1999, section 61(f)(i))
• 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))
• the chief executive (Child Protection Act 1999, section 61(f)(iii)).

Consider an order for long-term guardianship when:

• A period of active intervention and case planning with the family has not resolved a child’s safety, belonging and wellbeing needs.
• A child is not able to be safely reunified to the parents.
• A decision is made to cease reunification.
• The child has had an opportunity to express the child’s views about what permanency option is in the child’s best interests (Child Protection Act 1999, section 5B (n)).
• The family has had an opportunity to express their views about how best to achieve permanency for the child.

If a long-term 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 guaridanship will best achieve permanency for the child (Child Protection Act 1999,  section 5BA(4)).
• Complete the tool collaborative assessment and planning framework with the child, carer, parents and their safety and support network.
• Consider the principles for achieving permanency for a child in the Child Protection Act 1999, section 5BA(4):
  • the first preference is for a child to be cared for by the child's family
  • the second preference is for a child to be cared for under the guardianship of a person who is a member of the child's family, other than a parent of the child, or another suitable person
  • if the child is not an Aboriginal or Torres Strait Islander child—the next preference is for the child to be adopted under the Adoption Act 2009
  • the next preference is for the child to be cared for under the guardianship of the chief executive
  • if the child is an Aboriginal or Torres Strait Islander child—the last preference is for the child to be adopted under the Adoption Act 2009.
• Consider the additional principles for achieving permanency for Aboriginal and Torres Strait Islander children (Child Protection Act 1999, section 5C) when  identifying the order or action that will best acieve permanency for the child.
• For an Aboriginal or Torres Strait Islander child
  • arrange, with the child and family’s consent for an independent person to help facilitate their participation in the decision making process and offer the opportunity to participate in a family-led decision making process. (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 already known (Refer to Seek permanent residency for a child.)
• Refer the matter to a practice panel. (Refer to Procedure 5 Refer the case to a practice panel.)

The outcome and recommendations of the practice panel, guided by the Reunification decision table attached to the practice guide Decision making for reunification will inform the decision as to when it is appropriate to cease working towards reunification and pursue an alternative permanency option for the child. (Refer to Procedure 5 Assess if reunification can occur for a child in care.)

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)).

Seek permanent residency for a child

Prior to recommending an order granting long-term guardianship to a suitable person, make sure the child’s visa and citizenship status is known. 

If the child does not have permanent residency or is not an Australian citizen, 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.

Complete the assessment

To complete the assessment process:

• Organise separate meetings with the child, their parents and the proposed long-term guardian.
• Provide the child with all relevant information and support they need to express their views about a long-term guardianship order being made and record the child’s views in their own words, having regard to the child’s age and ability to understand (Child Protection Act 1999, section 5E).   
• Seek the views of the family about a long-term guardianship order to a suitable person.
• Seek the views of the proposed long-term guardian about the order.
• Talk to the proposed long-term guardian about their guardianship rights and responsibilities, which include
  • having the right to care for and make decisions about the child on a daily basis
  • telling the parents about where the child is living and giving them information about the child’s care
  • facilitating contact between the child and their parents or appropriate family members of the child’s family, unless an exception to these requirements has been ordered by the Childrens Court (Child Protection Act 1999, section 80(1) and (2))
  • allowing Child Safety to have contact with the child at least once every twelve months to enable Child Safety to review their case plan (Child Protection Act 1999, section 51VA) 
  • notifying Child Safety in writing if the child is no longer in their direct care and providing the child’s current whereabouts (Child Protection Act 1999, section 80A). 
• Tell the child about the charter of rights for a child in care and its effect, and provide written information about these rights: 
  • My rights in care - information for children
    or
  • My rights in care - information for young people.
• Provide:
  • the child with the Long-term guardianship to a suitable person: Information for children and young people and My journey in care for a child aged 9 to 15 years 
  • the parents with the Long-term guardianship to a suitable person: Information for parents
  • the proposed long-term guardian with the Long-term guardianship to a suitable person: Information for carers.
• Talk with the child, their parents and proposed long-term guardian about any concerns that may suggest an order granting long-term guardianship to the chief executive is more appropriate.
• If the proposed long-term guardian is eligible for financial support, outline what financial supports may continue to be provided.
• Obtain the CSSC manager’s approval for any proposed ongoing financial supports and inform the proposed long-term guardian of the outcome.
• Consult with the OCFOS lawyer if a referral to the DCPL requires provisions that restrict information to, or contact with, parents and other family members.
• Assess the likelihood that the proposed long-term guardian will be 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.
• Record all of the discussions and information gathered in the Assessment report— Long-term guardianship to a suitable person.

Finalise the assessment outcome and inform all parties

After completing the assessment process and before completing the Assessment report—Long-term guardianship to a suitable person:

• Discuss the outcome of the assessment with the child and family, senior team leader, senior practitioner and OCFOS lawyer.
• Confirm that this is the most appropriate order to be recommended.

When a decision is reached regarding the recommended order:

• Talk with the child, parents and the proposed long-term guardian about the assessment outcome.
• Include relevant comments and feedback (from the child, parents and the proposed long-term guardian) in the assessment report.
• Finalise the assessment report.
• Provide the assessment report and required attachments to the CSSC manager for approval.

Once an outcome is reached:

• Discuss the recommendation and reasons with the child, parents, family and proposed long-term guardian.
• 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 (OPG). Where requested, direct parties to the OPG website for information.
• If asked, provide written advice of the recommendation and reasons, including the review process available.
• Consider and provide appropriate support to the child, parents and proposed long-term guardian.

Record the assessment

If the proposed long-term guardian is able and willing to assume guardianship of the child, record the assessment and recommendation in:

• the review report in ICMS
• the affidavit 
• the revised case plan for the child.

If there is no proposed long-term guardian able and willing to assume guardianship of 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.

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 Assessment report—Long-term guardianship to a suitable person.

Long-term guardianship to the chief executive

The Childrens Court will only grant long-term guardianship to the chief executive if the court cannot properly grant guardianship to another suitable person (Child Protection Act 1999, section 59(7)(b)).

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

• There is no parent able and willing to protect a 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 this order. (Refer to the policy Permanency planning.)

Seek permanent residency for a child

Prior to recommending an order granting long-term guardianship to the chief executive, make sure the child’s visa and citizenship status is known. 

If the child does not have permanent residency or is not an Australian citizen, 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.

Recommend a permanent care order

A permanent care order grants permanent guardianship of a child to a suitable person, who has been assessed as being able to meet the obligations of a permanent guardian under the Child Protection Act 1999, section 61(g).

Recommend a permanent care order if:

• a period of case work aimed at safely reunifying the child with their parents or a family member has been undertaken but has not been successful in the required timeframe (Refer to Duration of a short term order granting custody or guardianship.)
  or
• a permanent care order will best achieve permanency for a child subject to a long-term guardianship 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 long-term guardianship to a suitable person.
• The child has been living with the proposed permanent guardian for 12 months before the making of the order.

If a permanent care order is not in the child’s best interests or there is no suitable person able and willing to accept permanent guardianship, consider an order granting long-term guardianship to the chief executive (with the child remaining in a care arrangement with the carers) in the following circumstances:

• There is uncertainty about the ability and willingness of the proposed permanent guardian to fulfil the obligations of a permanent guardian.
• A high level of support by Child Safety is needed to meet a child’s needs.
• A child is in receipt of a high or complex support needs allowance, which requires regular and ongoing review.
• The proposed permanent guardian will need planned short breaks  following the making of the permanent care order, as they have no-one within their existing support network to provide short breaks as a private arrangement.

Complete the assessment

When Child Safety has assessed there is a need to prepare for an alternative permanency option: 

• Seek the views of the carer about becoming a permanent guardian.
• Provide the child with the relevant information and support they need to express their views about the order being made. Record the child’s views in their own words, having regard to the child’s age and ability to understand (Child Protection Act 1999, section 5E).
• Seek the views of the family about a permanent care order.
• Engage with the child, parents, family members and proposed permanent guardian to complete the Collaborative assessment and planning framework tool.
• For an Aboriginal or Torres Strait Islander child, arrange, with the child’s and family’s consent, for an independent person to help facilitate their participation in the decision making process, and offer the opportunity to participate in a family-led decision making process. (Refer to Procedure 5 Enable participation of Aboriginal and Torres Strait Islander peoples in decision making.)
• For an Aboriginal or Torres Strait Islander child 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.)
• Refer the matter to a practice panel. (Refer to Procedure 5 Refer the case to a practice panel.)
• Complete a Permanent guardian assessment report. (Refer to practice guide Permanent guardian assessment guide.)
• Discuss any matters or considerations that suggest an order granting long-term guardianship to the chief executive or a suitable person may be more appropriate.
• Discuss the financial support arrangements available for the proposed permanent guardian (which includes the fortnightly carer allowance until the child turns 18).
• Get the CSSC manager’s approval of any proposed financial support in exceptional circumstances (that is, more than the fortnightly carer allowance).
• Before finalising the report, discuss the outcome with the senior team leader, senior practitioner, manager and the OCFOS lawyer.
• Discuss the report and outcome with the child, parents and proposed permanent guardian.
• Include feedback from the child, parents and proposed permanent guardian in the assessment report.

Provide the child with:

• the Permanent care order—Information for children and young people
• a copy of the Charter of rights
  • Kids' rights, for a child aged 4 to 8 years
  • My journey in care, for a child 9 to 15 years

Provide the parent with:

• the Permanent care order—Information for parents
• a copy of the Charter of rights for a child in care.

Provide the proposed permanent guardian with the Permanent care order—Information for permanent guardians.

Finalise the assessment

To seek approval:

• Finalise the permanent guardian assessment report. 
• Provide the report to the senior team leader to endorse.

The senior team leader will provide the assessment and any other information to the CSSC manager for approval.

Once the permanent guardian assessment report is approved, the CSO and senior team leader will consult the OCFOS lawyer.

If the DCPL applies for a permanent care order:

• Discuss the recommendation and reasons with the child, parents and proposed permanent guardian.
• Inform the child, parents and proposed permanent guardian of available review mechanisms, including
  • Child Safety’s complaints system. For further information, refer to  Compliments and complaints on the Child Safety wesite.
  • the Office of the Public Guardian (OPG). Where requested, direct parties to the OPG website for information.

Develop a 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 in exceptional circumstances for a time limited period―not exceeding 6 months if the review of the child’s case plan indicates that:

• the child has emerging special needs
  or
• the guardian requires financial assistance to establish a care environment for the child to meet the child’s ongoing needs.