Undertake a priority response

Plan a priority response

The first step in undertaking a priority response is planning. This involves:

• reviewing the child protection history
• identifying relevant activities
• involving key people and organisations 
• coordinating contact and interviewing the child, the parents and other relevant people
• deciding roles and responsibilities 
• considering sources of information.

To identify the relevant activities:

• Consider whether the information requires a Police referral to be completed. (Refer to Refer the matter to the Queensland Police Service.)
• Consider if a joint response with the QPS may be required and if so, contact the Child Safety planning officer who will consult with the QPS. (Refer to Consult with the Queensland Police Service to decide if there will be a joint response.)
• Consider staff safety and address any safety issues.
• Consult the senior team leader or senior practitioner for complex matters, if needed.
• Consider any cultural factors relevant to the assessment and seek further cultural advice if needed. (Refer to Plan contact with an Aboriginal or Torres Strait Islander child for a priority response.)
• Consider whether to make a referral to the Family Participation Program. (Refer to Work with the Family Participation Program.)
• Ensure all key people are involved in the assessment and clarify their roles and responsibilities, including tasks to be carried out by another CSSC or another agency, if relevant.
• Consider if a SCAN team referral is required. (Refer to Consider a Suspected Child Abuse and Neglect team referral.)
• Decide if an ASC co-response is appropriate. (Refer to Assessment and Service Connect co-response.)
• For a child who has been assessed as unsafe by an intensive family support service, contact the service to coordinate roles and responsibilities. 
• Consult the senior team leader to consider if it is likely that powers under the Child Protection Act 1999, sections 16, 17, 18 (or 21) will be required.
• Consult the OCFOS lawyer if it is considered that a TAO, CAO or TCO is likely to be needed. 

After the plan is completed:

• Seek verbal approval of the plan from the senior team leader. 
• Record the plan in the planning tab in Unify.

Plan contact with an Aboriginal or Torres Strait Islander child for a priority response

Before contacting or interviewing an Aboriginal or Torres Strait Islander child and family:

• engage the Family Participation Program to jointly plan whether they will accompany Child Safety on the initial home visit during the assessment of a priority response for an Aboriginal or Torres Strait Islander child (Refer to Plan with the Family Participation Program), unless:
  • a joint response with the QPS is needed
  • the notification has a ‘within 24 hour’ response timeframe, ‘other action’ has already been taken to commence the assessment and the senior team leader considers it is in the child’s best interest (Refer to Take action to commence an assessment within 24 hours)
  • a CSO will use, or is likely to use, powers under the Child Protection Act 1999, sections 16, 17, or 18.
• consult one or more of the following people to discuss ways to engage the child and family, and if needed, strategies to identify a suitable care arrangement, if required
  • the cultural practice advisor 
  • Aboriginal and Torres Strait Islander RIS staff
  • the regional Aboriginal or Torres Strait Islander practice leader
  • a local Aboriginal or Torres Strait Islander community representative (sharing non-identifying information).

When the Family Participation Program has not or will not be present for the initial visit with the family (including the circumstances listed above), engage the Family Participation Program as soon as possible, to determine whether and at what stage of the priority response they plan to visit the family.

Plan with the Family Participation Program 

As part of the planning process, provide Family Participation Program staff with:

• the notified concerns (but do not disclose the notifier’s details)
• a summary of the family’s child protection history.

The Family Participation Program will:

• advise Child Safety in a timely way, whether and at what stage of the assessment it plans to have contact with the family (either at or after the initial visit by Child Safety)
  or
• advise the reason it does not intend having contact with the family during the assessment.

Requirement for two officers to conduct interviews

When interviewing a child, parent or other family members for a priority response, the CSO, as an authorised officer, will be accompanied by:

• another CSO or
• a police officer, for a joint response.

If another CSO is not available, and the matter is not suitable for a joint response, a senior team leader may decide that one of the following will accompany the CSO: 

• another CSO
• another Child Safety practitioner
• a cultural practice advisor
• a child safety support officer
• a student undertaking field education.

The decision must consider the nature and complexity of the assessment, the experience of the CSO and whether the person’s involvement in the assessment would impact any later work with the family. 

This ensures another person is available to observe, assist with information gathering and witness the contact and interview.

Only an authorised officer may use delegated powers under the Child Protection Act 1999, sections 16, 17, 18 (or 21).

If there are serious safety issues for staff, contact the QPS for support and assistance.  

Consult with the Queensland Police Service to decide if there will be a joint response

The Child Safety planning officer and the QPS planning officer will consult about potential joint response matters. A joint response with the QPS will be carried out only if: 

• the matter is a priority response
• there is an allegation of a criminal offence committed against a child that requires investigation by the QPS
• Child Safety and the QPS have discussed the matter and agreed a joint response is appropriate.

A joint response allows each agency to meet their statutory responsibilities while addressing the protection needs of the child. Child Safety assesses a child’s need for protection and the QPS investigates criminal matters. Refer to the Child Protection Joint Response Team Policy Guidelines.

A joint response commences when planning officers verbally agree that a matter requires a joint response.

Child Safety will continue to meet its core business responsibilities and will commence a priority response within the required timeframes while planning the joint response with the QPS.

Plan and coordinate the joint response

The Child Safety and QPS planning officers will identify and prioritise matters that meet the criteria for a joint response. Where possible, a priority response requiring a joint response will be allocated to a CSO who has completed ICARE training.

Once a priority response has been allocated, contact the QPS investigator to plan the joint response. Planning can occur face-to-face or over the phone. Joint planning includes:

• clarifying roles and responsibilities and the outcomes that both agencies plan to achieve
• identifying the issues and difficulties likely to be encountered
• determining whether to involve other specialist workers, for example, interpreters
• determining whether an urgent medical examination or medical attention will be required
• deciding who to interview
• deciding where and when the interviews will occur
• developing contingency plans for responding to disclosures, unexpected events or difficulties that may impact upon the assessment process
• deciding how to ensure any action taken by Child Safety to commence a priority response within the required timeframes does not impede a QPS investigation, for example, what information can be shared with the family if a visit occurs.
• agreeing to an end date for the joint response, to allow information sharing to continue between the two agencies for the period required for both agencies to undertake key actions. Refer to the Child Protection Joint Response Team Policy Guidelines.

Before commencing the joint response:

• seek the senior team leader’s verbal approval of the agreed plan
• consult the QPS before making any significant change to the agreed plan.

If the matter requires urgent attention and the QPS is unable to attend within the required response timeframe:

• notify the QPS of the decision to proceed and the reason for doing so
• undertake any planning with the QPS about how to safely commence the assessment in the absence of their attendance
• keep the QPS informed and updated during the assessment.

The senior team leader is responsible for:

• approving the decision for a priority response to proceed without the QPS
• making sure the QPS has been notified of the decision to proceed in their absence
• making sure any action by Child Safety does not interfere with a QPS investigation into a criminal offence.

Where additional time is required to undertake key actions, negotiate a later end date for the joint response with the police investigator. Refer to the Child Protection Joint Response Team Policy Guidelines.

Interview the child and record evidence

Joint interviews enable both agencies to obtain the child’s information firsthand and minimise the need for the child to repeat their story. If an Interviewing Children and Recording Evidence (ICARE) interview is to be conducted with a child in line with the Evidence Act 1977, section 93A: 

• the QPS investigator will lead the interview to gather evidence for the prosecution of criminal offences 
• the CSO will participate in the interview to assess the child’s protective needs. 

Before the interview, the CSO and the QPS will discuss all relevant material and the most appropriate and effective approach to conducting the interview.

If not interviewing with the QPS:

• Follow existing assessment procedures for record keeping. 
• Do not use video or audio equipment to record the child’s interview. (This includes ICARE-trained authorised officers). 
• File any written records made during the interview on the child’s paper file.
• Provide a copy of the interview notes to the QPS, if relevant.

If, during the interview, the child begins disclosing incidents of harm relating to a criminal offence, and stopping the interview is likely to hinder the disclosure of information or affect the safety of the child, continue the interview and contact the QPS immediately after the interview.

In this situation:

• make efforts to ensure that the child is supported and will feel safe to speak at a later time
• gather sufficient information to be able to assess the child’s immediate safety and take any necessary action to ensure the child’s safety, including use of the Child Protection Act 1999, section 18, or a TAO
• provide all interview notes to the QPS.

The CSO may also be required to provide a statement to the QPS about the disclosures made by the child during the interview. The QPS is likely to lead, and record, subsequent interviews with the child. Document details of the interview in the information informing assessment in Unify.

Interview the alleged offender

Following a child’s disclosure of harm, the QPS policy requires police officers to conduct an interview with the possible offender. During a joint response, the QPS will decide who will interview the alleged offender and when the interview will occur.

If the alleged offender is a parent of the child, the QPS may, where appropriate, permit a CSO to observe the interview from a viewing room at a police station and take relevant notes. If the interview is to occur at the parents’ residential address, the QPS may agree to the interview being conducted in the presence of the CSO.

If the QPS conducts an interview with a parent without a CSO present, or with the CSO only observing the interview, the CSO will interview both parents before finalising the priority response.  

Obtain information or evidence from the Queensland Police Service

If the CSO requires a copy of the taped interview or information obtained during an interview, the CSSC manager will forward a section 159N information request to the relevant QPS officer in Unify.

If the QPS agrees, it may be possible to view the video evidence at the police station.  

Resolve differences of opinion

Due to the different roles and legislative responsibilities and priorities of CSOs and police officers, differences of opinion may be experienced at times. Resolve these differences as quickly as possible, with the safety of children as the key priority. (Refer to the Child Protection Joint Response Team Policy Guidelines.)

Commence a priority response

Each notification is allocated a response timeframe for commencement of the assessment by Child Safety. It takes into account factors about the child’s situation and whether urgent action is required to ensure the child’s immediate safety. 

Once the decision is made to record a priority response, commence the response either:

• immediately, within 24 hours (for subject children only)
  or
• as soon as possible within 72 hours (for subject children and unborn children).

When an assessment is been commenced without sighting and interviewing a subject child, all subject children are to be sighted and interviewed by the CSO before completing the priority response, unless:

• credible information is received from an external agency, and there is no longer a reasonable suspicion that the child is in need of protection
• the contact with other professional differential pathway is used to finalise the assessment
• an exception applies. (Refer to Exceptions to sighting and interviewing the child.)

Take action to commence a priority response within 24 hours

To commence a priority response within 24 hours, a CSO (authorised officer) will sight and interview the subject child (or one of the subject children) as age and developmentally appropriate. Refer to Contact with the subject child.

In exceptional circumstances only, when unable to sight and interview a subject child, take one of the following other actions to commence the assessment within 24 hours:

• Arrange for a police officer or health professional to have contact with a subject child and provide information to Child Safety about the child’s safety.  
• Gather sufficient information to make an assessment of the child’s immediate safety by
  • interviewing a parent
  • contacting and receiving information from a government or non-government agency. 
• Take action in rural and remote areas when all other actions for commencement are not possible due to geographical distance or seasonal conditions preventing access to the area. As a matter of urgency
  • seek information about the safety of the child from another service or professional who has regular contact, or has had recent contact with the child
  • take immediate action to enable the commencement of the assessment—this may include
    • organising transport 
    • arranging for the child to be sighted.  

Exceptional circumstances may include: 

• ‘sorry business’ delaying access to an Indigenous community
• the CSAHSC being unable to commence the assessment due to distance
• weather conditions preventing access to a community
• lengthy travel time and distance in rural and remote areas.

Record the date of the above actions as the commencement date of the assessment and what action was taken to commence the assessment. 

If the priority response is not commenced within the timeframe, record all attempts made to commence the priority response and why this was not possible—for example, geographical distance, lack of access or serious concerns for staff safety.

Commence a priority response within 72 hours

To commence a priority response within 72 hours, undertake any of the following actions:

• sight and interview the subject child (or one of the subject children) as age and developmentally appropriate. (Refer to Sight and interview the child.)
• seek and receive new information that informs the assessment about the safety of the child 
  • from an external agency, including
    • a government or non-government agency
    • a service provider, including National Disability Insurance Agency (NDIA) and National Disability Insurance Scheme (NDIS) providers
    • a health professional, such as a general practitioner
  • through any of the following methods
    • email exchange
    • phone or face-to-face discussion
    • receipt of relevant information via a Section 159N information request
    • a SCAN team meeting (if the SCAN team referral criteria is met)
    • a locally convened panel process with relevant partners.

If information is received from an external agency, advise the person how the information will be used and disclosed. If the person who is contacted for information was the notifier, tell them the new information they provide:

• forms part of the assessment
• is not covered under the confidentiality of notifier provisions, under the Child Protection Act 1999, section 186A.

The following actions do not constitute commencement, but must be recorded in the assessment case in Unify:

• completing and sending a section 159N information request
• engaging the Family Participation Program about whether and when they will visit a family during an assessment
• referring the matter to a SCAN team
• allocation of the priority response by the senior team leader
• an unsuccessful attempt to visit or contact the child or family
• any information received before the decision to record a notification.
• information received and recorded as a new intake.

In exceptional circumstances only, when unable to sight and interview a subject child or seek and receive new information from an external agency to inform the assessment, arrange for a police officer or health professional to have contact with a subject child and provide information to Child Safety about the child’s safety within 72 hours.

Exceptional circumstances may include: 

• ‘sorry business’ delaying access to an Indigenous community
• the CSAHSC being unable to commence the assessment due to distance
• weather conditions preventing access to a community
• lengthy travel time and distance in rural and remote areas.

Record the date of the above actions as the commencement date of the assessment and what action was taken to commence the assessment. 

If the priority response is not commenced within the timeframe, record all attempts made to commence the assessment and why this was not possible—for example, geographical distance, lack of access or serious concerns for staff safety.

Inform the parents about an allegation of harm

A CSO or police officer carrying out a priority response must:

• give details of the alleged harm or risk of harm to at least one of the child’s parents (Child Protection Act 1999, section 15)
• consider giving the information to both parents, especially if parents reside separately
• not disclose the notifier’s details.

If concerns are about a long-term guardian’s or permanent guardian’s care of a child:

• give details to at least one of the guardians of the alleged harm or risk of harm
• make reasonable attempts to tell at least one of the child’s parents about the outcome of the assessment, but only if it is in the child’s best interests to do so, taking into account 
  • the nature and extent of the child’s connection with their parents
  • the evidence supporting the allegation of harm or risk of harm
  • any other relevant matter―for example, if a parent’s knowledge of this allegation of harm will have a detrimental effect on the child and the stability of the living arrangements (Child Protection Act 1999, section 15(3)).

A CSO or police officer does not need to provide information to a parent (Child Protection Act 1999, section 15(3)) if:

• someone may be charged with a criminal offence for the harm to the child, and providing information to a parent may jeopardise an investigation into the offence
• providing information to a parent may expose the child to harm.

Before providing information to the parents, discuss with the QPS what information will be provided if:

• there is criminal matter or an ongoing police investigation
• the provision of information may jeopardise the due process of the criminal matter.

The reason and decision to not give parents information about allegations must be:

• approved by a senior team leader
• recorded in Unify.

Interview the child and family for a priority response

Contact with the subject child

As soon as possible, sight, interview, and assess: 

• each subject child 
• any other child in the home identified during the assessment as having been harmed, or as likely to be at unacceptable risk of harm. (Make sure they are recorded as a subject child in the assessment case in Unify.)

Consider interviewing any other child:

• in the household who may have information about the notified concerns
• not in the household but present at the time of the notified concerns.

Arrange contact with the child 

To arrange contact with the child:

• seek the permission of the child’s parents
  or
• use powers under the Child Protection Act 1999, section 17
  or
• obtain the authority of an assessment order to have contact with the child—only if the parents refuse to allow contact or will not agree to work with Child Safety.

Contact with a child may occur either:

• by an unannounced visit or arranged appointment at the family home
• at other locations such as
  • a hospital 
  • a police station
  • a CSSC
  • the child’s school, child care or day care centre—only if necessary
  • another location suitable to the child and family and appropriate to the circumstances of the assessment. 

To decide how and where to have contact with the child, consider:

• the seriousness of the allegations
• relevant child protection history 
• any seous staff safety concerns that require the assistance of the QPS
• culturally appropriate support needs of the child and family
• an appropriate location for an Aboriginal or Torres Strait Islander child, having regard to Aboriginal tradition or Island custom.

If a joint response with the QPS is to occur, make decisions about sighting and interviewing the child in consultation with the QPS, including whether the interviews will be recorded in line with the Interviewing Children and Recording Evidence (ICARE) procedures. (Refer to Interview the child and record evidence.)

Sight and interview the child

Contact with a child is crucial in deciding their immediate safety. It also helps the child to feel safe and able to communicate their fears or concerns. 

To sight the child:

• Have direct contact with the child—take into account their age, developmental level and ability to communicate. 
• Observe the child’s
  • physical and cognitive developmental stage 
  • behaviour 
  • reactions, presentation and interaction with others, including the parent.

Before interviewing the child, consider:

• the child’s age, developmental level and ability to communicate
• your responsibility to help the child feel safe and supported during the contact, including weighing up whether
  • the child wants a support person present 
  • having a support person present is appropriate
  • having another person present may reduce the likelihood of the child disclosing abuse, especially if the person holds a position of authority over the child.

If it becomes known during any response to a notification that a subject child is an unaccompanied humanitarian minor, refer to Respond to an unaccompanied humanitarian minor.

If, while interviewing the child, it is evident that a child subject to a long-term guardianship order to a person (other than the chief executive) no longer resides in the direct care of the guardian, take the actions outlined in Procedure 5 Respond when the child is no longer in the long-term guardian's direct care.

Record a separate notification and carry out a separate assessment if, during the assessment, child protection concerns are identified for:

• the parent of a subject child who is under 18 years of age
  or
• the child of a subject child.

Differential pathway - priority response

Consider using the differential pathway Contact with other professional to finalise a priority response if: 

• sighting and interviewing one subject child remains an outstanding task
• the child’s parents have given consent for the other professional to sight and speak to the child 
• it is in the child’s best interests for another professional to speak with them
• the professional agrees to engage with the pregnant person on behalf of Child Safety. 

(Refer to Consider the differential pathway.)

Exceptions to sighting and interviewing the subject child

In exceptional circumstances, it may be inappropriate or not possible to sight and interview the child. Examples may include if the child:

• has a serious or terminal illness 
• refuses to be sighted or interviewed after all reasonable attempts have been exhausted. 

To seek approval to not sight or interview the child:

• consider whether another professional can sight and speak to the child using the differential pathway (Refer to Consider the differential pathway)
• consult with the senior team leader
• document the reasons in Unify.

Sight a child’s physical injuries

If physical injuries to a child are suspected or alleged:

• Decide whether to sight the injury or injuries or arrange for a medical examination so a medical practitioner can sight the injury. This will depend on the nature and location of the injury and age of the child. (Refer to Consider a medical examination.)
• Only sight an injury with a second officer or other professional present—do not sight the injury when alone with:
  • a child 
  • a child and their parent. 
• Consider the child’s age, gender and comfort level when deciding where and when to sight the injury.
• Ask the parent, carer or the child to adjust or remove whatever clothing is necessary to see the alleged injury. Do not undress or adjust the child’s clothing yourself.
• Document details of the injury, including the location, size and colour, as relevant.
• Consider whether the injury needs to be photographed (Child Protection Act 1999, section 181).

If parents do not consent to the alleged injury being sighted, and seeing the injury is important to the assessment:

• tell the parents that the injury needs to be seen and why
• negotiate with the parents about the most suitable way to do this 
• consult the senior team leader and the OCFOS lawyer as soon as possible about further action, including the need for an assessment order to allow a medical examination to occur. (Refer to Respond if a parent will not consent to actions required—temporary assessment order or Respond if a parent will not consent to actions required—court assessment order.)

Contact with a child without parental consent—section 17

The Child Protection Act 1999, section 17, gives a CSO or police officer the power to have contact with a child at a school, or place where child care is provided, to investigate allegations, without the parents’ knowledge.

Only use powers under the Child Protection Act 1999, section 17, if:

• the parents’ prior knowledge of the interview will compromise the safety of the child or interfere with the assessment
• it is in the child's best interest for a CSO or police officer to have contact with the child before the parents are told about the assessment.

Examples include:

• a joint interview being conducted with the QPS requiring the preservation of the child’s evidence 
• the child being likely to be at greater risk if the parents are interviewed first
• concerns existing about sexual abuse by a parent when there is reason to believe that
  • a parent will influence the child to withhold information or retract information already given
  • the child would not be supported by a parent and is likely to be harmed or adversely influenced during the assessment process
• the child having made a disclosure and more detailed information being needed before interviewing the parents
• the parents being unavailable and delaying commencement of the priority response would be inappropriate 
• a child self-referring.

Before using section 17 powers:

• consult a senior team leader
• make a referral to the QPS if a joint interview is needed, depending on the nature of the concerns
• contact the principal, or person in charge of the school or place where the interview will be held, and
• notify them of the intention to exercise the power 
• seek permission for the contact to occur on their premises. Contact with the child must occur lawfully, with the permission of the person in charge of the education facility.

Tell the principal, or other person in charge of:

• the need to interview the child prior to the parents being made aware of the concerns
• the general nature of the concerns 
• the rationale for the use of the power and information that will assist with an effective interview  
• of their obligation to maintain confidentiality under the Child Protection Act 1999, section 188, including
  • ensuring other personnel maintain confidentiality 
  •  not telling the parents about the child protection concerns or that an interview has or will take place without their consent
• the names and positions of interviewing officers.

Negotiate with the principal, or person in charge:

• an interview time that minimises interruption to the child’s usual school routine and avoids or reduces feelings of embarrassment or distress the child may experience by being interviewed at school
• the conditions of the interview, including an appropriate venue and how the interview will be conducted
• whether a school staff member will be present during the interview. Advise the principal that if a staff member is present during the interview, they may be called to give evidence in any resulting criminal proceeding.

Before the interview, show your identity card to the principal or other person in charge. Talk with them about how to help the child feel safe and supported during the interview, including having a support person of their choice, from that location, if that would help the child.

Take action after using section 17 

Immediately after the interview, tell the principal or person in charge:

• the actions that Child Safety will take
• any immediate support needs the child has 
• that Child Safety will tell the parents about the contact with the child and the outcome.

As soon as practicable after the interview:

• tell at least one of the child’s parents, or, if applicable, one of the child’s long-term guardian 
  • your name, position and department and show your identity card
  • that the Child Protection Act 1999, section 17, was used to have contact with the child 
  • the reasons for the contact
  • the concerns 
• ensure a parent is told prior to the child seeing the parent
• interview the parents. (Refer to Interview the parents, other adults and alleged persons responsible.)
• carry out a safety assessment. (Refer to Carry out a safety assessment.)

Record details of the contact with the child at the first reasonable opportunity in the information informing assessment tab in Unify, regardless of whether an authorised officer or QPS officer exercised the power.

Take action when the child is at immediate risk of harm—section 16 or section 18

When carrying out a priority response, an authorised officer or police officer has the power to:

• have contact with a child at immediate risk of harm (Child Protection Act 1999, section 16)
  or 
• take a child who is at immediate risk of harm into custody (Child Protection Act 1999, section 18).

These powers may be exercised with help and the use of force deemed reasonable in the circumstances. Before taking action under section 16 or 18:

• make considerable effort to engage parents and negotiate an appropriate solution
• consider contacting the QPS for assistance
• consult and discuss the decision with a senior team leader
• consult and discuss the decision with an OCFOS lawyer.

If, due to the nature of the immediate risk to the child, the power is exercised before consulting the senior team leader or OCFOS lawyer, advise them as soon as possible after using the power. If an authorised officer is accompanied by the QPS, the QPS may use discretionary powers to enter and search, and to remain on the premises.

Exercise powers under section 16

When exercising powers under section 16, tell the parents: 

• your name, position and the name of the department
• the purpose of the visit, the child protection concerns and any intended actions
• your authority under the Child Protection Act 1999, section 16, to enter, search and remain in the premises or residence.

In addition:

• Show the parents your identity card (Child Protection Act 1999, section 153).
• Give the parents another opportunity to consent to allowing contact with the child.  
• Sight, and where appropriate, interview the child.
• Complete a safety assessment for each home where the child resides, as soon as possible after the use of the power has been exercised, and include the actions taken under the use of powers.
• Take other action as required, as part of the assessment. 
• record relevant information in the information informing assessment tab in Unify, regardless of whether an authorised officer or QPS officer exercised the power.

Exercise powers under section 18

When exercising the use of powers under section 18, take reasonable steps to advise at least one parent of:

• your name, position and the name of the department
• the purpose of the visit and the concerns regarding the child
• the authority under this power to enter, search and remain in the place until the child is located
• the child having been taken into the chief executive's custody. It is not a requirement to tell the parents with whom the child has been placed (Child Protection Act 1999, section 20)
• the rationale for taking the child into the chief executive's custody, unless this would jeopardise the child's safety or a criminal investigation
• the legal requirement for Child Safety to apply for a TAO or a TCO. 

In addition:

• show the parents your identity card (Child Protection Act 1999, section 153)
• sight and, if appropriate, interview with the child
• complete the safety assessment—with the parents if possible
• tell the child about being taken into custody, including what this type of custody means, the reasons for the custody and the period of the custody (Child Protection Act 1999, section 195)
• consult the senior team leader and the OCFOS lawyer, who can then apply or assist in applying to a magistrate for a TAO or TCO as soon as possible within 8 hours of taking the child into custody
• record relevant information in the Information informing assessment tab in Unify, regardless of whether an authorised officer or QPS officer exercised the power.

After using section 18 powers:

• Discuss the use of section 18 with the senior team leader and the OCFOS lawyer.
• Apply for a TAO or TCO as soon as practicable within 8 hours after the power is exercised. Custody ends when the first of the following 2 alternatives occurs
  • the TAO or TCO is decided
    or
  • 8 hours after the power was exercised. (Refer to Respond if a parent will not consent to actions required—temporary assessment order.)
• Serve at least one of the parents or guardians with a copy of the TAO or TCO, explain the terms and effects of the order, and explain their right of appeal (Child Protection Act 1999, sections 32 and 51AK). Also give them with a copy of the brochure Assessment orders―information for parents or Temporary custody orders―information for parents.
• Complete a subsequent safety assessment before making the decision to return the child home.

In addition, for a child who has a long-term or permanent guardian, make reasonable attempts to:

• tell at least one of the child’s parents about the reasons for, and the effect of, the TAO or TCO and the right of appeal 
• serve the parents with a copy of the order. 

If unable to contact the parents (Child Protection Act 1999, sections 32 and 51AK), record details of the attempts in the assessment case in Unify.

When a child is taken into custody under the Child Protection Act 1999, section 18, a medical examination or medical treatment may be arranged for them, if it is urgent or reasonable in the circumstances. If the need is not urgent, do not arrange the examination or treatment before a magistrate grants a TAO.
 

Exercise powers under section 21

If a child under the age of 12 is moved using the Child Protection Act 1999, section 21, refer to Procedure 1 Information that requires a child to be moved to a safe place.

Interview the parents, other adults and alleged persons responsible 

The purpose of interviewing parents, other adults and alleged persons responsible is to:
•    gather relevant information about the concerns and the child’s circumstances
•    verify and clarify information received from other sources 
•    provide alleged persons responsible with a reasonable opportunity to respond to allegations, where this does not interfere with criminal proceedings (Refer to Procedural fairness.)
•    assess who is responsible for the harm
•    assess the parents’ ability and willingness to protect the child from harm.

Take into account privacy issues when sharing information, to ensure compliance with the Child Protection Act 1999 and the Queensland Government’s privacy principles about how personal information is collected, disclosed, used and stored. (Refer to Consider privacy matters.)
 

During the assessment interview:

• each adult household member, including
  • the child’s parent or parents and any adult who cares for the child, even if the concerns do not specifically relate to them
  • all persons alleged responsible for harm to the child—if this does not interfere with criminal proceedings
  • any other adult living in the child’s home, including a step-parent or partner of a parent living with the child, even if they are not the primary parent, if
    • the concerns relate to them
      or
    • they may provide relevant information
• non-resident parent or parents 
• any other adult or parental figure not living in the child’s home who
  • has reliable knowledge of the family and the concerns
    and
  • is likely to provide relevant information.

The senior team leader is responsible for approving a decision to not interview all relevant adults. If this occurs, record the decision and the rationale in the assessment and outcome tab in Unify.

Procedural fairness

 Procedural fairness relates to the processes used to make a decision, and includes fairness, impartiality, objectivity and transparency. Upholding the principles of procedural fairness means that a parent, other adult and alleged person responsible who might be adversely affected by a decision is given the opportunity for a fair hearing before a decision is made, if this does not interfere with criminal proceedings. 

Advise all parents and alleged persons responsible of the allegations of harm and give them reasonable opportunity and time to respond to the allegations, concerns, decisions and assessments. Listen to the views of the child’s parents and other adults and take their views into account when completing the assessment. 

Respond to a request for a support person

If a parent or other adult asks for a support person to be present during an interview, assist them to identify an appropriate person. Do not allow the alleged person responsible for harm to be the support person. The role of a support person is different to the role of an independent person for an Aboriginal or Torres Strait Islander child and family. (Refer to the practice guide The role of a support person and Procedure 5 Arrange for an independent person to facilitate the child’s and family’s participation.) 

Respond to a request for a legal representative

Parents, other adults and alleged persons responsible are entitled to have a legal representative present during an interview with Child Safety. Make all reasonable attempts to accommodate such requests.

Interview a parent or other adult

When starting to interview a parent or other adult: 

• Give your full name, position and department and show your identity card, as required by the Child Protection Act 1999, section 153.
• Explain your role and the purpose of the visit.
• Give the parents the brochure When Child Safety officers visit your home, which outlines their rights and for an Aboriginal or Torres Strait Islander person, a copy of the handout Know Your Rights. 

Gather all relevant information including:

• the names and dates of birth of each subject child and all other children in the home
• the names, dates of birth and roles of
• adult members of the child’s household 
• any relevant extended family members
• contextual information about the family and home environment
• cultural information about the family and their community
• the presence and impact of risk factors, such as domestic and family violence, problematic alcohol and drug use, mental illness and parental childhood abuse
• information needed to complete the safety assessment, and if required, an immediate safety plan
• any complicating factors affecting the family
• the types of support available to the family, including the names of people who make up the family’s safety and support network
• the parents’
  • response to the specific concerns raised by the notifier and any other concerns identified during the assessment, including any acknowledgement of the harm
  • perceptions and feelings about the child
  • parenting ability, including knowledge and skills
  • understanding of the child’s physical and cognitive development 
• the response of the alleged person responsible to the allegations and any other concerns identified during the assessment.

If a joint response with the QPS is to occur, make decisions about sighting and interviewing the child in consultation with the QPS, including whether the interviews will be recorded in line with the Interviewing Children and Recording Evidence (ICARE) procedures. (Refer to Interview the alleged offender.)

If the information provided is believed to be untrue, misleading or contradicts other information gathered:

• Do not accept the information at face value.
• Respectfully challenge the person about their information. 
• Seek independent verification from a reliable source. If the information is not supported, re-contact the adult to discuss the differing information and seek their response.

Undertake a safety assessment 

Complete a safety assessment for each subject child during the first face-to-face contact with each child. (Refer to Carry out a safety assessment.) Do not complete a safety assessment for a child that has not been sighted and engaged or interviewed.
 

Consider privacy matters

Consider privacy— general

When responding to a notification, always make decisions about sharing information in favour of the wellbeing and best interests of a child. The Child Protection Act 1999 overrides the Queensland Government’s privacy principles about how personal information is collected, disclosed, used and stored.  

If parents are estranged or no longer residing together:

• only provide information specific to the alleged harm to the child 
• do not release information about one parent’s general circumstances to the other parent―for example, their health or medical treatment, employment or finances, or issues in the extended family. 

Consult with the senior team leader or senior practitioner if there are concerns about providing information to parents. If necessary, the senior team leader will seek advice from Legal Services.

Consider privacy—domestic and family violence

When working with individuals who have perpetrated violence and family members who have been affected by violence, consider:

• what information, if given to the person using violence during the assessment, could compromise the safety of the person experiencing violence or the child―for example 
  • the location or address details of the person experiencing violence or their extended family members
  • information that identifies the school the child attends 
  • photographs that may identify the location or area in which a person experiencing violence or child lives 
  • information the person experiencing violence has disclosed about the behaviour of the person using violence, or the actions they take to keep themselves safe.
• how interventions during the assessment may affect the safety of the person experiencing violence and their children
• whether a significant DFV threat alert should be recorded in Unify. Refer to the practice guide Recording a significant DFV threat alert in Unify.  

Consider privacy—criminal matters

If Child Safety obtains information that an adult in the household has an alleged offence, charge or conviction that presents an unacceptable risk to the child’s safety:

• Tell the adult that the information has been obtained and discuss the concerns for the child’s safety.
• Encourage the person to share relevant information with the parents residing in the home. 

If the person refuses to disclose their criminal history to the parents:

• give the parent information about the person's criminal history, if releasing the information is in the child's best interests, including about
  • offences, charges or convictions 
  • charges or convictions under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004  
• assess the parent's ability and willingness to protect the child from the risk posed, based on their response to the concerns. 

Gather information from other sources

Other people identified during the assessment may be potential sources of information that will contribute to the assessment of the child’s need for protection. Consider gathering information from them. 

When requesting information from another source, seek information that is relevant to assessing the child protection concerns.

Examples of other sources of information that may not have been known during the assessment planning include: 

• other family members or significant people 
• people identified by a child or family as able to provide information or cultural advice
• school personnel
• the family doctor, a child health nurse, or Child and Youth Mental Health Service
• the National Disability Insurance Agency (NDIA) regarding a child’s National Disability Insurance Scheme (NDIS) access status, plan or supports
• interstate child protection history, where there is reasonable belief that a child or relevant person may have interstate child protection history
• other professionals, or agency or support service staff who know the child or family. 

 The Child Protection Act 1999 also provides authority for:

• agencies to give a relevant child’s personal information to Child Safety during an assessment (Child Protection Act 1999, section 159MB)  
• Child Safety to request information from the Public Guardian, a prescribed entity, a licensee (which is an entity licensed to provide placement services to children in the custody or guardianship of the chief executive) or the person in charge of a student hostel. The request must be complied with (Child Protection Act 1999, section 159N).  

When requesting information under the Child Protection Act 1999, section 159N, complete a section 159N information request in Unify and forward it to the relevant agency. However, if information is to be requested from the NDIA or NDIS, obtain consent from the child’s parent to speak to the NDIA using the NDIS Consent to share your information form. for the NDIA to share your information form. If the parent does not consent, seek information from the NDIA using the Data Management NDIA Information Request Form.

Receive information from other sources

Consider relevant information that may be received from other sources during a priority response that is relevant to assessing the child protection concerns, for example:

• information received under the Domestic and Family Violence Protection Act 2012 (Refer to Receive information under the Domestic and Family Violence Protection Act 2012.)
• information received through the Integrated Justice Information Strategy. (Refer to Receive information from the Integrated Justice Information Strategy.)

Request interstate or overseas child protection history

Request child protection history from another state, territory, New Zealand or overseas via Data Management Services when:

• there is information to suggest a child protection history is held by another jurisdiction relating to
  • a child
  • a person alleged to have caused harm or pose a risk of harm to a child
• the child protection history is necessary for informing an assessment about the safety and wellbeing of a child.

Prior to making a request to Data Management Services, check Connect for Safety to identify whether the child or person has a record in another Australian jurisdiction. Connect for Safety does not provide information from New Zealand or overseas.

When either: 

• a person match is identified in Connect for Safety
  or
• a person match is not identified in Connect for Safety, but there is a reasonable belief that another Australian jurisdiction or New Zealand may hold relevant child protection records

then:

• complete the interstate child protection history in the request tab in Unify
• an email to DMS with the completed request will be auto generated.

Complete the Interstate child protection history request section of the information informing assessment tab Unify.

Record use of Connect for Safety

Record the use of Connect for Safety in a case note in Unify each time a search is completed. 

Record the following information in the case note:

• the initial reason for accessing Connect for Safety
• the date and details of each person searched
• whether the person who was searched provided their consent for the search, or reasons why consent was not sought or obtained
• whether a likely match was identified
• how the information accessed helps undertake a particular purpose, or function under the Child Protection Act 1999
• whether an information request was subsequently submitted to Data Management Services.

Check criminal and domestic violence history 

Consider asking the QPS for criminal and domestic violence history under the Child Protection Act 1999, section 95(3) or Chapter 5A, part 4 if the information is relevant and required to complete the assessment. This includes information about:

• a parent or household member who:
  • refuses to disclose their criminal or domestic violence history, and the information cannot be gathered from other sources
  • is alleged to have a history of offences against children, but the full history is not available
• an allegation of harm or risk that has been made against another adult relevant to the assessment.

To obtain a person’s Queensland criminal and/or domestic violence history as part of an assessment:

1. Check Unify to see whether there is already a record of the person’s criminal and/or domestic violence history recently provided by the QPS−only make a new request if new information is likely to be available.

2. Confirm with the senior team leader whether an urgent request or a request for interstate criminal and/or domestic violence history needs to be made via the Central Screening Unit.

3. Use the QPS Self Service of Document Retrieval (SSoDR) portal. 
The SSoDR portal allows staff with relevant delegations to search for the Queensland criminal and/or domestic violence history of an offender (not a person experiencing violence) under the authority of the Child Protection Act 1999, sections 95(3) or 159N, if the information is required to complete an assessment. The SSoDR portal is only to be used to access information about a person 18 years or over.  

A CSO will ask the CSSC manager or senior team leader to access the SSoDR portal. A CSAHSC CSO will access the portal themselves. Note: If there is insufficient identifying information to carry out a search in the SSoDR portal, such as not having the person’s full name or date of birth, seek these details from the local Child Protection Investigation Unit (CPIU). The request for this information is made under the Child Protection Act 1999, section 159MB.

Each time the SSoDR portal is accessed a case note type information received from QPS must be recorded in Unify with the following details:

• the date and time the portal was accessed 
• who accessed the portal 
• what section of the Child Protection Act 1999 the information is being sought under, including for the Child Protection Act 1999, section 95(3), the CSSC manager or senior team leader who approved the request
• that the portal was accessed for the purpose of making an assessment about whether a child is in need of protection
• and
• what relevant information was retrieved. Note: if the retrieved information is not relevant to the assessment, do not record or print the information. In the case note record that ‘no relevant criminal or domestic violence history was available’.

For further information about what to record, refer to the record keeping section of the Self Service of Document Retrieval (SSoDR) portal Operational Guidelines. 

4. Make a non-urgent request via the Central Screening Unit. 
To complete a non-urgent request for a Queensland and/or interstate criminal history, or for Queensland domestic violence history information:

• seek the CSSC manager’s or senior team leader’s approval for the request
• complete the QPS—Non-urgent criminal and domestic violence history check request spreadsheet and make sure all mandatory fields are completed. (Note: if any details are unknown, contact the CPIU to obtain the full personal details of the listed people.)
• forward the spreadsheet via email to the Central Screening Unit group email address (CSU.Section95@communities.qld.gov.au) and include 'Section 95 request for history' in the email subject line.

The CSU will email the QPS documents to the requesting CSSC manager or senior team leader.

5. Make an urgent request via the Central Screening Unit. 
Consider asking for an urgent criminal and domestic violence history check:  
to complete the initial safety assessment (Child Protection Act 1999, section 95(3))
if a written record of history is needed as evidence in an application for a CAO or TCO (Child Protection Act 1999, section 95(2)).

To make either an urgent request or a request for Queensland or interstate criminal and/or for Queensland domestic violence history information:

• Seek approval from the CSSC manager or senior team leader.
• Complete a QPS—Urgent S95 Request (Business Hours) form, and:
  • for an urgent request—explain the urgency is due to the need to make an assessment of whether a child is in need of protection
  • fill in all mandatory fields on the form. If information such as a person’s full name or aliases are not known, contact the local CPIU to obtain this information 
• Forward the form to the Central Screening Unit. Note: the QPS will not process requests sent directly to them from a CSSC.

The CSU will:

• check that all mandatory fields are completed on the form before forwarding it to the QPS 
• receive the results from the QPS and email them to the requesting CSO.

To record the results provided by the QPS, complete an information received from QPS case note in Unify and attach or reference the information received.

The Police Information Centre will process an urgent criminal or domestic violence history check if the rationale for urgency is one of the following:

• The child is to be removed from a carer or parent on the same day as the request.
• The child is to be placed with a carer or parent on the same day as the request.
• An application for a TAO or TCO will be made on the same day, and the information is needed to support the court application.
• Serious concerns of a criminal nature about a parent or household member are likely to require a response by Child Safety within 24 hours.

6. Make an urgent after hours request via the CSAHSC. 
If a priority response continues after business hours and urgent criminal and domestic violence history is needed to inform the assessment or a care arrangement for a child, the CSAHSC can carry out checks between 5:00pm and 8am, Monday to Friday. 

To complete an urgent after-hours QPS criminal and domestic violence history:  

• Seek the CSSC manager’s or senior team leader’s approval for the request.
• Complete the QPS—Urgent Request (After Hours) form, filling in all mandatory fields.
• Make sure the carer application documents are properly made and are attached to the carer entity EOI in Unify.
• Email the form to the CSAHSC at CSAHSCIntake@csyw.qld.gov.au.
• Phone to confirm receipt.

The CSAHSC will forward the request to the QPS and complete other tasks if agreed by negotiation with the CSSC.

7. Contact the local CPIU if, after obtaining information from the SSoDR portal, their advice is needed about whether further information about an individual or report is likely to be available and therefore, whether a Section 159N information request should be made. In particular this must occur when information from the SSoDR portal indicates:

• an open Domestic Violence Report is ‘unfinalised’
  or 
• a finalised Domestic Violence Report has no information listed and the information in the report may be relevant to the assessment outcome. 

The request for advice from the QPS about whether to make a Section 159N information request is made under the Child Protection Act 1999, section 159MB. 

8. Make a Section 159N information request —only if after retrieving information from the SSoDR portal or from information provided by a CPIU, it is known or suspected that the QPS may have further information about a particular individual or report. To make a section 159N information request in Unify, seek the approval of the senior team leader or manager. In the request, record the date information was accessed from the SSoDR portal and the relevant QPS occurrence number. (Refer to the Section 159N request for information user guide.) 
 

Request information from Medicare Australia

Medicare Australia can share information with child protection agencies when the agency has reasonable grounds for believing that disclosure is necessary to prevent or lessen a threat to life, health or welfare of a child.

Medicare Australia can share information such as:

• records of any treating doctors and their location and history of visits to medical practitioners
• Pharmaceutical Benefits Scheme records to, for example, assess parental prescription drug abuse
• Medicare numbers
• a history of Medicare access to, for example, assess medical neglect cases.

To request information from Medicare Australia:

• Complete the Medicare Request Form. 
• Email the form to DMS (DMS_Medicare@communities.qld.gov.au) with a subject heading of 'Response Priority: Medicare Request for (family name)'.

Seek information about problematic alcohol and other drug use by a parent

Seek information from an Alcohol and Other Drugs Services professional to inform or clarify an assessment of a parent’s substance misuse or abuse, including:

• general advice or knowledge about drug or alcohol issues
• specific information about the potential impact of the drug misuse on the parent’s ability to parent.

If substance testing of a parent is required as part of an assessment, refer to the process outlined in Procedure 4 Undertake substance testing of a parent.

Assess the information and decide the outcome

Assess the information gathered from the child, family and other sources to inform decisions about:

• whether the child is in need of protection (as defined in the Child Protection Act 1999, section 10)
  and 
• whether ongoing intervention needs to occur.

The decision about whether a child is in need of protection is a significant decision. When making this decision for an Aboriginal or Torres Strait Islander chid, apply the Aboriginal and Torres Strait Islander Child Placement Principle to the standard of active efforts. This means doing everything that can be done, as soon as possible, to keep a child safety and connected to their family, community and culture. 

A child in need of protection will be subject to the appropriate ongoing intervention to ensure their safety, belonging and wellbeing.

Consider family-led decision making

Consult the child and family and the Family Participation Program about a referral for the Family Participation Program to convene a family-led decision making process, to help decide what if an Aboriginal or Torres Strait Islander child is in need of protection. 

The family must agree to this process taking place. 

For information on the consultation and referral process, refer to Family-led decision making for an Aboriginal or Torres Strait Islander child.

Assess harm and risk of harm

After gathering all the relevant information, assess the information to make a professional judgement about: 

• whether the child has experienced harm
• whether the child is at unacceptable risk of experiencing harm, and without a parent able and willing to protect them.

Assess whether the child has experienced harm

Harm is any detrimental effect of a significant nature on a child’s physical, psychological or emotional wellbeing (Child Protection Act 1999, section 9).
To assess whether a child has experienced harm:

• identify the abuse type
• identify the impact on the child
• determine the person responsible.

Identify the abuse type

Review the information gathered during the assessment, including the child protection history, to identify any actions, behaviour or patterns of behaviour that have negatively impacted the child. 

The types of abuse that can cause harm to a child are:

• physical abuse
• emotional abuse, including psychological abuse
• neglect
• sexual abuse, including exploitation
• exposure to domestic and family violence.

Assess the impact on the child

The detrimental impact on the child resulting from the abuse is the harm. Harm may be:

• physical, relating to the child’s body
• emotional, relating to the child’s feelings and emotions
• psychological, relating to the child’s cognitive processes.

Harm may be caused by a single act, omission or circumstance, or a series or combination of actions, omissions or circumstances (Child Protection Act 1999, section 9(4)). Harm caused by a series or pattern of harmful events or experiences over time is referred to as cumulative harm. 
 

Consider what is known about the child’s current health, development and functioning to assess how and to what extent the abuse has impacted the child. To record physical or emotional harm to a child, the impact on the child’s physical or emotional wellbeing must be assessed as significant. 

Most of the time harm will be visible or observable, however emotional or psychological harm may not always be observed. For example, a child’s lack of affect may be a coping mechanism as a result of harm they have suffered.

Determine the person responsible

The person responsible for harm to a child is the person assessed as being responsible for the abuse, which includes acts of commission or omission, and failure to protect. (Refer to Record the person responsible.)

The person responsible for harm may be:

• a parent
• another adult who lives in the home or has regular access to the child in the home
• another child aged 10 years or over who lives in the home and is assessed as having the developmental ability or capacity to understand the consequences of their actions. This is not common but may occur in some circumstances.

Make a professional judgement about risk of harm

To form a professional judgement about the risk of harm to a child:

• consider the information gathered across five categories (the child, the parents, the abuse/harm, the environment, the family and cultural context) about what has happened in the past and what is happening now, recognising risk and protective factors present within the family 
• critically analyse the information, with a focus on assessing the likelihood and severity of the harm the child may suffer in the future, if nothing changes.

To assess the severity of the harm the child may suffer, consider:

• the vulnerability of the child
• the pattern of behaviour by the person responsible or alleged responsible for the risk of harm. Consider the type of abuse, and the frequency, chronicity and duration of the abuse
• the child’s (cumulative) experience of harm they have suffered, now and in the past. 

To assess the likelihood of the child suffering harm in the future, consider:

• the interaction of risk and protective factors identified as present within the family
• past patterns of abuse or neglect experienced by the child
• attitudes and beliefs of the parent
• parental ability and willingness to protect the child
• demonstrated acts of protection by a parent.

When determining parental ability and willingness to protect a child from harm, consider:

• the parents’ capacity (not just intention) to act protectively
• the parents’ demonstrated ability and motivation to protect the child
• if the child lives across more than one household, the ability and willingness of the parents across each household to protect the child.

Sometimes both parents will need to be assessed, irrespective of the child’s living arrangements.

If the child does not have at least one parent able and willing to protect them from the harm, they are a child in need of protection and ongoing intervention must occur to ensure their safety, belonging, and wellbeing. (Refer to Decide if there will be ongoing intervention.)
 

Based on the analysis and assessment of the severity and likelihood of future harm to a child, form a professional judgement about:

• whether the severity of harm to a child is likely to be significant
• whether the likelihood of future harm to a child is probable
• the overall risk of harm to the child. 

Use this professional judgement to inform the decision about the outcome of the priority response. (Refer to Decide the outcome of the priority response.)

Record the analysis and professional judgement of risk of harm in the assessment and outcome tab in the assessment case in Unify. (Refer to Record the assessment.)

Decide the outcome of the priority response

Decide the outcome of the priority response based on the assessment of harm and the professional judgement formed about the risk of harm to the child. 

The assessment outcome will be one of the following:
 

• Child in need of protection—This outcome is appropriate if it is assessed that there is an unacceptable risk of harm to a child, as defined by the Child Protection Act 1999, section 9, and one of the following apply
  • The child has experienced harm and there is an unacceptable risk of harm as the child does not have a parent able and willing to protect them.
  • No harm has occurred, but there is unacceptable risk of harm, as the child does not have a parent able and willing to protect them.
  • There is an unacceptable risk of harm to the unborn child after their birth and neither parent is able and willing to protect the child from the harm.
     
• Child not in need of protection—Child in need of support: referral unable to be progressed—This outcome is appropriate if
  • it is assessed that the child has experienced harm, but there is no unacceptable risk of future harm as the child has a parent able and willing to protect them
    or
  • no harm has occurred and there is no unacceptable risk of harm, as the child has a parent able and willing to protect them
    or
  • an unborn child will not be at unacceptable risk of harm after being born
    and
  • there are support needs for the child, but there is no service with capacity to provide support, or a parent did not give consent for a referral.
     
• Child not in need of protection—Referral to a support service—This outcome is appropriate if
  • it is assessed that the child has experienced harm, but there is no unacceptable risk of future harm as the child has a parent able and willing to protect them
    or
  • no harm has occurred and there is no unacceptable risk of harm, as the child has a parent able and willing to protect them
    or
  • an unborn child will not be at unacceptable risk of harm after being born
    and
  • the child and family have been referred for support.
     
• Child not in need of protection—No further action—This outcome is appropriate if
  • it is assessed that the child has experienced harm, but there is no unacceptable risk of future harm as the child has a parent able and willing to protect them
    or
  • no harm has occurred and there is no unacceptable risk of harm, as the child has a parent able and willing to protect them
    or
  • an unborn child will not be at unacceptable risk of harm after being born
    and
  • there are no support needs for the child, or the family are already engaged with services to help reduce risk to the child.
     
• Ongoing intervention continues—This outcome is recorded when the subject child is already subject to ongoing intervention and
  • no harm has occurred and no unacceptable risk of harm has been identified during the current assessment
  • has not suffered harm, but is at unacceptable risk of harm, without a parent able and willing to protect the child 
  • has suffered harm, but no unacceptable risk of harm has been identified during the current assessment 
  • has suffered harm and is at unacceptable risk of harm, without a parent able and willing to protect the child.
     
• No assessment completed—This outcome is appropriate if
  • Credible information has been received and there is no longer a reasonable suspicion the child is in need of protection.
  • The assessment could not be commenced because the child and parents or pregnant person could not be located, and actions to locate them were unsuccessful.
  • The assessment was commenced, but could not be completed because either
    • there was insufficient information to decide the outcome
      and
    • the family moved following contact with Child Safety and could not be located
      or
    • the parent refused contact with the child and a TAO or CAO has been applied for, but the order was not granted by the court.
  • The child died before the assessment was completed and there is insufficient information to decide an outcome
  • A pregnant person advises that they are no longer pregnant or has never been pregnant and this has been confirmed with a medical practitioner 
  • Pregnant person has not been located and two months have passed since the estimated date of delivery.

Use of ‘no assessment completed’ outcome

If no assessment completed is recorded in Unify for one of the subject children in a family because the child is missing or is not able to be located or contacted:

• Document in the assessment that insufficient information has been gathered to record an outcome for the child, without the child being sighted or interviewed.
• Record the appropriate outcome for all other subject children.

If this outcome is used, complete the Record of actions – mobile family form in (if applicable) in the assessment case in Unify.

No assessment completed may be recorded for a subject child when:

• information has been received from a professional or an external agency, including a SCAN team core member agency, who has had recent contact with the child and
  • the information negates the concerns that resulted in the decision to record a notification
    and
  • the child and parents have not been contacted or interviewed in relation to the priority response
    and
  • there has been analysis of the child protection history, and proper consideration of cumulative harm.

In these circumstances:

• record the outcome No assessment completed – credible information has been received, and there this no longer a reasonable suspicion the child is in need of protection
• record the information that supports the decision not to continue with the assessment
• use the template Letter to parent—Priority response outcome—No assessment completed to advise at least one of the child’s parents about the concerns and the decision to record No assessment completed.

Unaccompanied humanitarian minors

Regardless of the outcome of the assessment for an unaccompanied humanitarian minor, the focus of any action following the assessment is what action can be taken by the Department of Home Affairs or the funded service in Queensland, to ensure the safety of the child. 

Decide if there will be ongoing intervention

Ongoing intervention is required for each child assessed to be in need of protection. To decide the type of ongoing intervention, consider what is needed to:

• meet the child’s safety, belonging and wellbeing needs
• reduce the likelihood of future harm to the child.

Ongoing intervention for a child assessed to be in need of protection may occur by way of:

• intervention with parental agreement (Refer to Procedure 4 Intervention with parental agreement.)
• a child protection order (refer Procedure 3 Recommend a child protection order). 

Offer support to a family

Offer the family a referral to an appropriate agency or support service:

• to reduce ongoing risk to a child not in need of protection, where the family would benefit from support.  
• when a child is not in need of protection and
  • ongoing risk factors are present
  • the family may benefit from support to address the ongoing risk
  • the referral criteria are met.

Meet with the senior team leader and discuss:

• the assessment of the family’s support needs
• the available support options to address the ongoing risk to the child.

If the senior team leader agrees that the family would benefit from support and the support options are appropriate for addressing the ongoing risk, meet with the child’s parents to:

• discuss the patterns of behaviour and risk factors identified during the assessment, that may lead to the family becoming involved with Child Safety again, if support is not provided
• provide information about available agencies and support services that the parents may access, including how the service can help the family to reduce risk to the child. This may include
  • an intensive family support service
  • an Aboriginal and Torres Strait Islander Family Wellbeing Service, for an Aboriginal or Torres Strait Islander child
  • a community support service.

Following this, record the parents’ response to the service offered and, if they agreed to receive support, take action to refer the family to the agency or service.

Finalise a priority response

To finalise a priority response:

• record the assessment in Unify (Refer to Finalise a priority response.)
• advise agencies and services involved in the assessment process of the outcome and whether ongoing intervention will occur (Refer to Advise agencies and services of the outcome.)
• advise at least one parent of the outcome of the priority response. (Refer to Inform the parents of the outcome.)
• advise the child of the outcome, taking into account the child’s age, developmental level and capacity, in line with the principles for participation of children (Child Protection Act 1999, section 5E).
• the senior team leader must approve the priority response in Unify.

Record the assessment – key information

Recording the assessment of a child’s need for protection is a vital step. The information recorded is critical for any ongoing or future contact with the child and family.

Record all key information in the assessment case in Unify, including:

• the date, time and details of all contact with subject children, parents and other persons, including unsuccessful attempts
• the Indigenous status, ethnicity and language of all subject children and other relevant persons 
• details of who sighted and interviewed with the child and family, including the names and positions of the CSO and second officer, police officer, Assessment and Service Connect (ASC) provider, or other person present during the contact
• any powers used under the authority of the Child Protection Act 1999, sections 16, 17, 18 (and 21)
• an ASC response form, if an ASC co-response occurred. Select only the known specialist services the ASC co-responder provided at the time of finalising the assessment 
• any action taken to refer a matter to the QPS under the Child Protection Act 1999, section 14(2) and (3)
• a summary of the significant information gathered from interviews and other sources, including information gathered from a government or non-government agency to commence the priority response (Refer to the practice guide Assess harm and risk of harm.)
• responses to the notified concerns, including any relevant disclosures, admissions or denials by the subject child, other children, the parents, family members or other adults
• information relevant to the assessment of the child’s safety, belonging and wellbeing needs, including the immediate safety plan if one or more was developed
• relevant observations about the child (presentation, demeanour and developmental level), the parents (interaction with child and non-verbal cues) and the home environment
• any action taken to assist with the assessment, such as medical examinations or photographs
• the rationale for decisions made throughout the assessment, including whether there will be ongoing intervention with the family to meet the child’s protection needs or reduce the likelihood of future harm to the child
• whether an independent person helped the child or family participate in decision making—complete an independent person record in Unify for each of the following significant decisions made during an assessment for an Aboriginal and or Torres Strait Islander child
  • safety planning decisions about how to keep a child safe
  • care arrangement decisions where a child protection care agreement or a child protection order grants custody to the chief executive, where applicable 
  • the decision about whether a child is in need of protection
  • any other decision for which an independent person helped the child and family to participate
• the Aboriginal and Torres Strait Islander Child placement form outlining care arrangement options that comply with the placement element of the Aboriginal and Torres Strait Islander Child Placement Principle
• whether information was provided to the family about Victim Assist Queensland services. (Refer to Respond if a person may have been a victim of violence.) 
• an outcome and rationale recorded for
  • each subject child recorded in the notification 
  • each additional subject child identified as being harmed or at risk of harm during the assessment.

Record the assessment – risk and protective factors

Select all risk and protective factors that apply in each domain, from the list of factors provided (see table below):

Complete the summary of risk assessment field in Unify.

Record the assessment

Record the assessment of harm and risk of harm that has informed the decision about the outcome for each child, under the following headings in the assessment tab in Unify:

• Clearly and succinctly record the assessment of whether the child has experienced significant harm.
• Record the assessment of the parents’ ability and willingness to protect the child. (Consider the parents capacity, not just intention, to protect the child.)
• Clearly and succinctly record the assessment of whether a child is at risk of significant harm. (Consider what has happened in the past and what is happening now, to form a judgement about whether the child will experience significant harm in the future if nothing changes.)

Make sure the written assessment:

• shows how all relevant information gathered during the assessment has been considered 
• reflects how cumulative harm has been considered
• for risk of harm
  • includes the analysis and synthesis of the identified risk and protective factors, in the context of the subject child’s particular situation
  • focuses on what will happen in the future for the subject child, if nothing changes
• includes what the parent has done to demonstrate their ability, capacity and motivation to protect the child, where the assessment is formed that a parent is able and willing to protect the child.

Record the assessment outcome 

Once a decision is made about whether the child is in need of protection, the priority response outcome can be finalised.

To finalise the outcome, complete the following four questions in the child assessment response outcome fields in Unify: 

1. Was a response completed for this child?
Answer ‘yes’ to this question if all actions for completing the assessment have been carried out.

Answer ‘no’ if all actions for completing the assessment have not been carried out and select the appropriate outcome. (Refer to Decide the outcome of the priority response.)

2. Has the child been harmed?
Answer ‘yes’ if it is assessed that the child has suffered significant harm, taking into consideration:

• the impact of cumulative harm
• that psychological or emotional harm is not always observable. 

Answer ‘no’ if the child has not been harmed.

3. Is the child at unacceptable risk of harm, with no parent able and willing to protect them from harm?
If yes, select:

• each relevant abuse type
• the resulting harm likely to be experienced by the child
• the person responsible.

Answer ‘yes’ if the assessment identified the risk of harm to the child is probable and the child does not have a parent able and willing to protect them from the harm. 

Answer ‘no’ to this question if at least one parent has been assessed as both able and willing to protect the child. 

4. Is the child already subject to ongoing intervention?
Answer ‘yes’ if the child is currently subject to an open ongoing intervention case because it has already been assessed through an earlier assessment that the child is in need of protection and link the assessment to the ongoing intervention case.

If the answer is ‘no’ record the intervention planned, if relevant.

Record the abuse and harm

In the record abuse and resulting harm fields in Unify include:

• each abusive action experienced by the child
• the resulting harm experienced by the child
• the person responsible.

Select all relevant abuse types for each child:

• physical
• sexual
• emotional
• neglect
• failure to protect
• exposure to DFV.

Record the person responsible 

Record the person responsible for each abusive action and the resulting harm or risk of harm type. More than one person can be responsible for the same harm type for a child.

If someone else was responsible for the abusive action, select one of the following person responsible options:

• not applicable—child under 10 years, if the abusive act was committed by a child under 10 years of age
• not applicable—other person, if the abusive act was committed by
  • a child aged 10 years or over who does not have the developmental ability or capacity to understand the consequences of their actions
  • any person who does not live in the child’s home or does not have regular access to the child in the home
• not able to be identified, if it is unclear who was responsible for the abusive action.

Do not record a subject child as a person responsible for abusive action towards another subject child in the same assessment case in Unify. If a child (aged 10 years or over) is recorded as a person responsible for abusive action towards another subject child and there are child protection concerns for that child, make sure:

• a separate notification is recorded for that child as the subject child
• a separate assessment is carried out regarding that child’s need for protection.

When it has been assessed that there is unacceptable risk of harm to a child:

• select the parent responsible for each unacceptable risk of harm type recorded
• record the details of any assessed unacceptable risk of harm if there is no parent able and willing to protect the child from the harm
• the parent responsible for the future risk of harm.

A child and their parent cannot both be subject children in the existing assessment.

Record unacceptable risk of harm

In the record unacceptable risk of harm fields in Unify select:

• all relevant abuse types from the Unacceptable risk of harm caused by field 
• whether there is unacceptable risk of emotional or physical harm 
• the parent responsible for any future risk to the child. 

If the child is assessed as being at unacceptable risk of harm, with no parent able and willing to protect them from harm:

• select each unacceptable risk of harm identified for the child
• select the parent responsible for each unacceptable risk of harm type recorded. More than one parent can be responsible for the same unacceptable risk of harm type for a child.

Record the type of ongoing intervention planned

For each child in need of protection, record one of the following types of ongoing intervention:

• intervention with parental agreement
• intervention with parental agreement with a directive child protection order, if the child is subject to both types of intervention
• child protection order.

Record a support service case if a pregnant person consents to ongoing intervention prior to their baby’s birth.

For all other subject children, record no ongoing intervention planned.

Record the outcome for each child

Based on the assessment of harm and risk of harm, and once the four questions and associated fields have been completed in Unify, select the appropriate outcome for each child. (Refer to Decide the outcome of the priority response.)

Approve the assessment

The assessment case in Unify must be approved within 30 days of the date of decision to record a notification by the senior team leader or another senior team leader or CSSC manager if the approving senior team leader carries out any important steps in the assessment.

Advise agencies and services of the outcome

Advise relevant agencies and services involved in the assessment process of the assessment outcome and whether there will be ongoing intervention. 

This includes:

• The Family Participation Program if it has supported the family during the assessment.
• A SCAN team core member, where a referral has been made to a SCAN team, but Child Safety has subsequently completed the assessment and intends to close the case. The senior team leader must first discuss the outcome of the assessment with the referring agency core member representative, and the core member representative will determine if they wish to proceed with the referral to the SCAN team prior to Child Safety closing the case.
• A Centrelink employee who notified Child Safety of the concerns for the child. (Refer to Procedure 1 Information from Centrelink.)

Inform the parents of the outcome 

The Child Protection Act 1999, section 15(2), requires that, as soon as practicable after completing the assessment, an authorised officer must:

• tell at least one of the child’s parents about the outcome of the assessment
• if asked by the parent, provide the outcome of the assessment in writing.

Consider whether the information should be provided to both parents, especially when parents are residing separately.

To provide the information to the parent, either verbally or in writing:

• Give sufficient information about the main child protection concerns in the notification, to ensure they understand the reasons for the Child Safety intervention, without identifying the notifier.
• Tell them the assessment outcome and the rationale for the decisions made, including
  • an explanation of terminology used
  • a rationale for the recording of harm or risk of harm and any safety, belonging and wellbeing needs identified.
• Outline the reasons and rationale for any decision to open an ongoing intervention case, to assist the parents to participate in further decision making, and strengthen their ability to meet the child’s needs in the future.

Discretionary compliance with section 15

Only provide information to the extent that is reasonable and appropriate in the circumstances, if:

• someone may be charged with a criminal offence for the harm to the child, and compliance may jeopardise an investigation into the offence
• compliance may expose the child to harm.

When considering the use of discretionary compliance:

• Decide what is reasonable and appropriate in each particular circumstance.
• Consult with the QPS if there is an ongoing criminal investigation before giving any information to the parents.
• Use professional judgement, the assessment of risk of harm to a child and any relevant information about domestic and family violence issues to decide if providing information may expose the child to harm. (Refer to Inform the parents about an allegation of harm.)
• Seek senior team leader approval for any decision not to provide the information.
• Record the decision, rationale and approval process in the information to parents tab in Unify.

Long-term guardianship to a suitable person

If the child has a long-term or permanent guardian

• tell at least one of the long-term guardians about the outcome of the priority response
• make reasonable attempts to tell at least one of the child’s parents about the outcome of the assessment, but only if it is in the child’s best interests to do so, taking into account 
  • the nature and extent of the child’s connection with their parents
  • the evidence supporting the allegation of harm or risk of harm
  • any other relevant matter―for example, if a parent’s knowledge of this allegation of harm will have a detrimental effect on the child and the stability of the living arrangements (Child Protection Act 1999, section 15(3)).

Record details of advice to parents and all attempts to advise the child’s parents of the allegations and the assessment outcome, in the information provision to parents form in Unify (Child Protection Act 1999, section 15(5)).

Family Responsibilities Commission

A Notice About Child Safety and Welfare Matters must be emailed to the Family Responsibilities Commission within 5 days of an assessment outcome being approved, if the family has lived in one of the welfare reform communities for at least 3 months since 2008.

Before providing the notice, contact the Family Responsibilities Commission to confirm if it has already received a notice about the family. Record details of when the notice was sent or confirmation that a notice has already been sent in a case note in Unify.

Determine which Child Safety Service Centre will be responsible for case management 

After a priority response with a Child in need of protection outcome is finalised, as outlined in Finalise a priority response, case management responsibility will be accepted by:

• the CSSC in the geographical area where the child is living
  or
• for a child with siblings in care, refer to Procedure 5 Determine who is responsible for case management
  or 
• for a pregnant person, the CSSC in the geographical area where the pregnant person is living, to ensure they have access to local support prior to the birth of the child.

If a child is living in a different geographical area to the parents, the CSSC with case management responsibility will request case work support from the CSSC in the geographical area where the parents live if required, to meet the case plan goals.

If a child is to be placed in a care arrangement with a provisionally approved carer in another geographical area during a priority response, the CSSC manager of the team undertaking the priority response is responsible for the provisional approval and the initial approval of the carer. (Refer to Procedure 6 Decide the outcome of the application.)

Request that a Child Safety Service Centre accepts case management

Prior to requesting that a CSSC accept case management for ongoing intervention:

• finalise the assessment (Refer to Finalise a priority assessment.)
• complete a child strengths and needs assessment tool for each child in need of protection and a parental strengths and needs assessment tool 
• if an application for a child protection order is being recommended
  • complete an initiating affidavit and provide a copy to the OCFOS lawyer for the DCPL, including any amendments requested by the DCPL
  • serve the respondents and complete an affidavit of service (for the initiating affidavit only)
  • provide the affidavit to the ongoing intervention team as soon as possible
• complete a referral for a family group meeting―unless a case plan was developed for an Aboriginal or Torres Strait Islander child at a family-led decision making process during the assessment. (Refer to Consider family-led decision making.)

To request that a CSSC accepts case management for ongoing intervention, the senior team leader responsible for the assessment will:

• ensure the assessment case is closed in Unify
• email the senior team leader of the relevant CSSC
• provide the Unify assessment case identification (ID)
• ask the CSSC to accept case management responsibility.

Timeframes for accepting case management

The ongoing intervention senior team leader will accept case management responsibility in writing within 5 business days of receiving the request, to ensure continuous service delivery to the child. 
If geographically possible, the CSO responsible for the priority response will facilitate a warm handover for the child and family with the CSO responsible for ongoing intervention.

Resolve issues

The CSSC managers responsible for the team completing the priority response and the ongoing intervention team will:
resolve any issues regarding the handover of case management 
address any impediments to timely service delivery to a child and family.
in line with the case transfer guidelines. (Refer to Transfer a case to another Child Safety Service Centre.)