Respond to specific matters

Respond if a person may have been the victim of sexual abuse

If a parent (over the age of 18), adult household member or another adult discloses being a victim of sexual abuse as a child during an interview, ask the adult if the information has been reported to the QPS or if they want the information reported to the QPS.

If the adult wants the information reported:

• complete the form Adult as a victim of alleged sexual offence, including details of who the information was reported to and in what format
• save the completed form in the iDOCS location ‘DCSYW>Region management>Shared DCSYW>01 CS Reporting’ in the folder ‘Form – Adult as a victim of alleged child sexual offence’.

If the adult advises that the information has already been reported to the QPS or they do not want the information reported:

• complete the form Adult as a victim of alleged sexual offence 
• save the completed form in the iDOCS location ‘DCSYW>Region management>Shared DCSYW>01 CS Reporting’ in the folder ‘Form – Adult as a victim of alleged child sexual offence’.

Respond if a person may have been the victim of violence

If information is gathered during the assessment that indicates a child or family member may have been injured as a result of an act of violence, give them one or more of the following, in line with Child Safety’s responsibility under the Victims of crime Assistance Act 2009:

• the Victim Assist Queensland telephone number−1300 546 587 or email victimassist@justice.qld.gov.au 
• the Victim Assist Queensland website details
• a copy of the Victim Assist Queensland brochure.

After giving the information record the following in a victim of crime case note in the  assessment case in Unify:

• that the child or family member has been identified as possibly being a victim of an act of violence
• that information about how to contact Victim Assist Queensland has been provided.

Respond to a request for assistance from another jurisdiction

If another state, territory or New Zealand requests case work assistance from Queensland to complete an assessment being conducted by that jurisdiction, the interstate liaison team will:

• ensure the relevant documentation is received, including the current Queensland address, history checks and notification information from the other jurisdiction
• ensure that the other jurisdiction has specified the tasks to be completed
• forward all relevant documentation to the relevant CSSC for action.

The receiving CSSC will:

• allocate the matter
• seek clarification, as necessary, with the requesting office in the other jurisdiction
• complete the tasks as requested
• send a written report to the interstate liaison team for forwarding to the other jurisdiction.

Receive information under the Domestic and Family Violence Protection Act 2012

When there is an open assessment case, relevant information may be received as part of a request from a Queensland court, attached to a Report to the Court pursuant to section 55 form (Part A—Request), under the Domestic and Family Violence Protection Act 2012, section 55.  

To respond to this information, complete the report to the court, as outlined in Procedure 1 Request for information from a Queensland court under the Domestic and Family Violence Protection Act 2012.

Receive information from the Integrated Justice Information Strategy

During a priority response, information relevant to the assessment of the child’s need for protection may be received from the Integrated Justice Information Strategy (IJIS). 

Data Management Services will send an automated email alert to the relevant CSSC 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 to access details of a criminal or domestic violence court result involving a subject child.

Receive an Integrated Justice Information Strategy notification (criminal court matter alert)

If a child is identified as a subject child in an open standard or priority response, the court matter alert email will be forwarded to the CSSC responsible for the assessment.

If an IJIS notification (criminal court matter alert) is received by a CSSC, the allocated CSO will:

• read and assess the information to decide the appropriate response, including deciding if the information reaches the threshold for a notification, if relevant
• record the information in the Assessment case in Unify
• print the alert for the client file
• liaise with the young person’s CSO about Child Safety attendance at court—if the young person is subject to ongoing intervention 
• liaise with youth justice staff if required.

Receive 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. Information may also be received about secondary persons of interest, who may not have an existing person profile in Unify.

Data Management Services receives an ETCR if a child is matched in the court result as being subject to an open assessment. 

Details about the court matter are accessed by running an ‘IJIS Electronic Court Results report’ in Unify.

After receiving an ETCR report:

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

Respond to concerns about a child’s discharge from hospital

Respond to a doctor’s concerns about a child’s immediate safety upon discharge from a hospital

If a child is subject to an open assessment and a Queensland Health doctor contacts the CSSC with concerns about the immediate safety of a child upon discharge:

• seek as much information as possible about the reasons for the doctor’s concern
• collaborate with the doctor to decide what action is required to ensure the safe discharge of the child
• carry out a safety assessment for the child, or review the current safety assessment, if applicable. 

If, after consultation with RIS or CSSC staff, the 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. 

Advise the CSSC manager immediately if the doctor indicates the discharge escalation pathway is likely to be initiated.

The discharge escalation pathway consists of two steps:

• an emergency case conference to enable a coordinated response to the immediate safety needs of the child upon discharge, and
• a formal escalation when the emergency case conference is unable to resolve the concerns.

For more information, refer to the practice guide Queensland Health discharge escalation pathway.

Respond when the discharge escalation pathway is initiated

To initiate the discharge escalation pathway, the doctor will contact the senior team leader and advise that there will be an emergency case conference to coordinate a response to the immediate safety needs of the child upon discharge. 

The senior team leader will immediately advise the CSSC manager that the discharge escalation pathway has been initiated.

The emergency case conference may be either:

• an emergency SCAN team meeting, when the criteria for a SCAN team referral is met
  or 
• an inter-agency meeting, when the criteria for a referral to the SCAN team is not met, or an after hours response is required.

The emergency case conference will occur as soon as practicable and within 24 hours, to discuss:

• the doctor’s concern for the child’s immediate safety
• the Child Safety assessment and response to the child’s immediate safety needs 
• where the child will be going when they are discharged from hospital and what arrangements may have been made to ensure the child’s immediate safety 
• how long the child will be staying in hospital
• professional visiting arrangements and 
• whether a further review is required.

Request to attend an emergency SCAN team meeting

A Queensland Health SCAN team core member representative may request an emergency SCAN team meeting for the purposes of initiating the discharge escalation pathway.

When this occurs, follow existing SCAN team processes. (Refer to the Suspected Child Abuse and Neglect (SCAN) Team System Manual.)

The CSSC manager is required to attend this meeting, in addition to the nominated Child Safety SCAN team core member representative.

Request to attend an inter-agency meeting

When the matter does not meet the criteria for a referral to the SCAN team, or an after-hours response is required, the Queensland Health doctor will contact the relevant senior team leader to invite the senior team leader and CSSC manager to attend an inter-agency meeting.  

The senior team leader and CSSC manager must attend this meeting and may invite other Child Safety staff or service providers engaged with the child and family to contribute to the discussion.

When an inter-agency meeting is scheduled outside of business hours, the CSAHSC senior team leader will attend.

Queensland Health will invite stakeholders who are engaged with the child’s care and discharge planning, such as the doctor, child protection liaison officer, child protection advisor and other relevant allied health staff.

The inter-agency meeting will be chaired by a Queensland Health representative and formal minutes will be recorded.

The CSSC manager will advise the regional director immediately if the doctor indicates a formal escalation is likely to be initiated.

Respond to a formal escalation 

A formal escalation may occur when a child is medically fit for discharge and either:

• an emergency case conference has occurred, and the doctor is still concerned about Child Safety’s decision making and the immediate safety of a child upon discharge from a hospital
  or
• the CSSC manager has not responded within the 24 hour timeframe to a request for an emergency case conference. 

To initiate a formal escalation, the doctor’s line manager (or a nominated escalation position within the relevant hospital and health service) will contact the Child Safety regional director to:

• discuss the immediate safety concerns for the child and the Child Safety response
  and
• consider further actions and make decisions as required.

If this occurs outside of business hours, Queensland Health will contact the CSAHSC senior team leader to formally escalate the concerns, consider further actions and make decisions as required. If they are unable to contact the senior team leader by phone, they will send an email to CSAHSC (csahscintake@cyjma.qld.gov.au) requesting an urgent call back advising:

• a formal escalation has been initiated
• contact details for a return phone call, and
• a summary of the presenting issues.

The nominated escalation position and the regional director or CSAHSC senior team leader have the authority to consider further actions and make decisions as required.

End the escalation process

If a child is discharged by the Queensland Health treating team or self-discharges at any point during the process, the discharge escalation pathway ceases.

If a child is discharged, the doctor must advise Child Safety of: 

• the date and time the child was discharged
• the name and address of the person the child has been discharged to, if known 
• the discharge summary, recommended follow up and risks relevant to the child’s safety and wellbeing needs
  and
• any other information relevant to the safety and best interests of the child.

When advised that a child has been discharged from hospital, take action to ensure the child’s immediate safety. 

Respond to a request for notifier information from police

The disclosure of notifier information can occur in limited circumstances, such as where it is necessary to ensure the safety, wellbeing or best interests of a child (Child Protection Act 1999, sections 186A and 186B).

The QPS or a police officer from another jurisdiction may request notifier information to:

• enable them to carry out a function under the Child Protection Act 1999
• perform an enforcement action (prevent, detect, investigate, prosecute or punish) relating to a criminal offence against a child.

Respond to a request for information to perform a function under the Child Protection Act 1999

If the QPS or a police service in another jurisdiction request notifier information to enable them to perform a function under the Child Protection Act 1999, a CSSC manager, RIS manager or CSAHSC manager will:

• seek the regional director’s approval to provide the information
• provide the regional director with information about
  • why notifier information may need to be provided to police, including the function the police need to perform
  • whether there is another way the police can perform the function without the notifier’s information being disclosed
  • whether there is another way police can obtain the information they seek from the notifier (for example, the CSO recontacting the notifier to obtain information the QPS requires).

To decide whether to approve the release of the notifier information, the regional director will consider:

• if disclosing the notifier information is necessary for the police, to perform the relevant function under the Child Protection Act 1999
  and
• whether the disclosure would promote the safety, wellbeing and best interests of a child.

The CSSC manager, RIS manager or CSAHSC manager will advise the police of the regional director’s decision.

If the regional director approves the release of notifier information to the police, the CSSC manager, RIS manager or CSAHSC manager will:

• provide the information to the police, limiting the information to the extent it is necessary for the police to carry out their function under the Child Protection Act 1999
• record that the information has been provided in the Intake case in Unify.

Respond to a request for information to perform an enforcement action

If the QPS or a police service in another jurisdiction request notifier information for the prevention, detection, investigation, prosecution, or punishment of a criminal offence against a child (an enforcement action), advise the police officer:

• the request must be provided in writing by a senior police officer (of at least the rank of sergeant)
• the request must specify that notifier information is being requested in accordance with the Child Protection Act 1999, section 186B (for an enforcement action), including whether the request is time sensitive
• to send the written request to either
  • the office of the regional executive director in the relevant region, for requests during business hours
  • CSAHSC, if the request is urgent and outside of business hours
• the regional director (or other authorised person, if applicable) will
  • consider whether the disclosure is necessary to ensure the safety, wellbeing or best interests of a child
  • respond to the request in writing, in a timely manner
  • advise the reason for the decision, if the regional director decides not to disclose the notifier information
• if notifier information is disclosed, the regional director or another person authorised under the Child Protection Act 1999, section 186B(2) will inform the notifier of this as soon as practicable, unless
  • it is not possible or practical to inform the notifier (for example, the notifier’s contact details are unknown or unable to be obtained)
    or 
  • informing them may prejudice the enforcement action. (Refer to Inform a notifier their information has been disclosed.)

Inform a notifier their information has been disclosed

As soon as practicable and at the request of the regional director, an authorised person must inform a notifier their information has been disclosed to a senior police officer, (Child Protection Act 1999, section 186B(2)), unless the regional director decides:

• it is not practicable to do so (for example, the notifier’s contact details are unknown or unable to be obtained), or
• doing so would, or would be likely to, prejudice an enforcement action.  

After a notifier has been informed their information has been disclosed, an authorised person will:

• record that the information has been provided in the intake case in Unify and 
• advise the regional director the notifier has been informed.

Young person in contact with the youth justice system

When assessing concerns about a child who is also in contact with the youth justice system, contact the youth justice case worker to:

• gather information to inform the assessment
• verify information provided by the child and parents during engagement with them
• share relevant information, for the purpose of coordinating service delivery
• advise that the child has been placed in care, if applicable.

A youth justice case worker may act as a support person for the child during an interview or assessment process, if requested by the child or their family. If a request is made, contact the relevant Youth Justice Service Centre to advise them of the request and discuss whether it is appropriate for a youth justice officer to participate in the process.

Any involvement by youth justice in the implementation or monitoring of an immediate safety plan for a child is to be negotiated by Child Safety with the youth justice case worker or their line manager.

If a child in contact with the youth justice system is taken into the custody of the chief executive, contact the youth justice case worker and:

• tell them who has custody and guardianship rights and responsibilities for the child 
• explain the implications for decision making about custody and guardianship matters. (Refer to Procedure 5 Decision making for a child.)
• if a child is an Aboriginal or Torres Strait Islander child, tell the child they have the right to have an independent person to help facilitate their participation in significant decisions made by Child Safety, if relevant. If they consent, arrange for the independent person’s involvement. (Refer to Procedure 5 Arrange for an independent person to facilitate the child’s and family’s participation.) 
• coordinate service delivery for the period that the young person is in care.

If the matter is referred to the SCAN team, the youth justice case worker may be invited by the SCAN team to participate in the meeting as an invited stakeholder. Refer to the Suspected Child Abuse and Neglect (SCAN) Team System Manual for how to make a referral to a SCAN team and how to invite a stakeholder.

If youth justice remains involved with the child when the assessment is completed, contact the youth justice case worker and provide the following information:

• the outcome of the assessment
• whether the child is in the care of the parents
• the nature of any ongoing intervention by Child Safety.

Respond to an unaccompanied humanitarian minor

If it becomes known during any response to a notification that a subject child is an unaccompanied humanitarian minor:

• record an unaccompanied humanitarian minor alert on the child’s person profile in Unify
• contact the interstate liaison and intercountry child protection team at Court Services by email at ILO@cyjma.qld.gov.au or by telephone on 3097 5405, as soon as possible.

The interstate liaison and intercountry child protection team will: 

• advise the Department of Home Affairs as the child’s guardian, that a notification has been recorded
• confirm the child’s status with Department of Home Affairs
• identify the child’s wellbeing officer in the Department of Home Affairs and, if applicable, the child’s case manager with the funded service in Queensland.

Factitious disorder imposed on another

If concerns about fabricated or induced illness are identified during the assessment:

• immediately give the information to the QPS (Child Protection Act 1999, section 14(2) and (3))
  and
• consult the QPS before taking further action to complete the assessment.

Respond when staff are video or audio recorded while performing work duties

There might be times when a person working with Child Safety wishes to record a telephone or in person conversation with Child Safety staff, in order to be clear about what has been said or for possible use in future proceedings. 

Any person has the legal right to record a conversation that they are a part of, with or without the consent or knowledge of the other person, however, they are not allowed to communicate or publish any part of the recording to any person (except in accordance with provisions in the Child Protection Act 1999 or the Invasion of Privacy Act 1971).

If a Child Safety staff member becomes aware that they are being video or audio recorded while in the workplace (for example, a CSSC, RIS or other Child Safety office):

• have a discussion with the person about the reason for the recording to determine if there is anything that can be done to assist them with the information they require
• respectfully advise the person that while recording the conversation is legal
  • it is an offence to publish information that leads to the identification of a child in care (Child Protection Act 1999, section 189) 
  • circulating or placing video or audio footage which identifies a child as being known to Child Safety, in an accessible public place or on the internet, is a breach of the confidentiality provisions of the Child Protection Act 1999 
  • committing an offence under the Child Protection Act 1999 could result in the person being liable for prosecution and punishment by way of fine or imprisonment
• seek assistance from a senior team leader, senior practitioner, or other staff member if there are any concerns about proceeding with the conversation
• if the person chooses to continue recording, ensure the discussion occurs in an appropriate setting, for example, an interview room in the CSSC
• continue the conversation. (Refer to the brochure Let’s treat each other with respect.) 

If a Child Safety staff member becomes aware that they are being video or audio recorded while performing work duties outside of the workplace, for example, during a home visit:

• seek advice from a senior team leader, senior practitioner or other staff member where there are concerns about proceeding with the discussion or interview
• respectfully advise the client of the information about the confidentiality provisions under the Child Protection Act 1999 (outlined above), prior to continuing with the discussion or interview
• continue the conversation. (Refer to the brochure Let’s treat each other with respect.)

When a Child Safety staff member is aware that an interview or discussion has been video or audio recorded, record the information in a case note in Unify, including what information was provided regarding the confidentiality provisions under the Child Protection Act 1999.

Respond to a video or audio recording being posted online

If a Child Safety staff member becomes aware that an online post or information that has been published may amount to a publication that breaches the Child Protection Act 1999, section 189, brief Legal Services on the nature of the alleged breach so the appropriate course of action can be determined.

Family subject to the Witness Protection Program

At times, families subject to a Witness Protection Program through any one of the state or territory police services may reside in Queensland and be the subject of a notification. These families have a heightened need for confidentiality, due to the importance of protecting their identity, whereabouts and personal safety.

Witness protection in Queensland is administered by the Crime and Corruption Commission, but is operationalised by the QPS Witness Protection Unit.

If it becomes known during an assessment that a family is subject to witness protection:

• Liaise with the QPS to ensure the best response to these complex and sensitive matters. Contact the Communications Room, QPS on telephone (07) 3360 6325 and ask to speak to either
  • the Officer in Charge, QPS Witness Protection Unit
  • the Operations Coordinator, QPS Witness Protection Unit.
• Ensure Child Safety meets the legislative responsibility to respond to the child protection concerns.

Adopted child

If it is identified that the child is adopted, at the completion of the assessment, consider referring the family to either Adoption and Permanent Care Services or Post Adoption Support Queensland (PASQ), if the child or their family may benefit from specialised counselling. (Refer to Post Adoption Support Queensland.)

Animal welfare issues

Discuss any animal welfare issues identified during the assessment with the family. 

The Memorandum of Understanding between The State of Queensland, through Department of Communities (Child Safety) and The Royal Society for the Prevention of Cruelty to Animals, Queensland 2012–2014 includes information about when Child Safety will:

• give families information about the RSPCA 
• contact the RSPCA directly with the family’s consent. 

If it becomes apparent that an animal has harmed a child or presents a risk to the safety or wellbeing of a child:

• Advocate and promote the RSPCA to the parents. 
• Encourage the family to:
  • use the RSPCA as a support service to reduce the risks that the animal poses to the child
  • consent to Child Safety contacting the RSPCA on behalf of the family
  • inform the RSPCA of the animal welfare concerns, but only if the family does not take steps to address animal welfare concerns that pose a safety risk to the child. If requested, the RSPCA will re-contact Child Safety and advise if they took action.

If referring the family to a support service, seek the parents’ consent to include information about the animal welfare issues in the referral.

If animal welfare issues are identified that are not related to child protection concerns:

• give the family information about the RSPCA and encourage them to seek support
• do not give information to the RSPCA without the family’s consent.

If a family is not able to provide care and accommodation for their animals:

• provide the family with information about the RSPCA
• encourage the family to use the RSPCA as a support service.

Breaches of pool fencing requirements

If obvious or blatant breaches of pool fencing requirements are noticed during the assessment (for example, unfenced access points or a broken fence or gate):

• Discuss the safety risks and water safety strategies with the parents.
• Report the issue 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.