Long-term guardianship to a suitable person

A child subject to a long-term guardianship order to a suitable person is in the care of their guardian under the authority of the child protection order made by the Childrens Court. It is not a care arrangement made by Child Safety using the authority of the Child Protection Act 1999, section 82(1). 

Give information to the child, parent and long-term guardian when the order is made

When a child protection order is made granting long-term guardianship of the child to the suitable person, give the following information to the child, their parents and the long-term guardian.

Give the child:

• written notice that the order was made, including details outlined in the Child Protection Act 1999, section 63(b). Draft a letter specifically for the individual child, depending on their age and ability to understand
• a certified copy of the order. Keep the original order on the child’s file
• verbal and written information about the charter of rights for a child in care and its effect (Child Protection Act 1999,  schedule 1)
• information in line with the Child Protection Act 1999, section 74A , about:
  • a long-term guardian’s obligations under section 79A
  • the OPG and other entities who can help the child if the child considers that the child’s long-term guardian is not complying with guardian’s obligations 
  • the child’s right to contact Child Safety if they have questions or concerns about their protection and care needs.
• the name and contact details of the CSO and CSSC with case responsibility.

Give the parents:

• verbal information about the terms and effect of the order, including how to lodge an appeal
• a completed Letter advising parents of a long-term guardianship order
• a certified copy of the order. Keep the original order on the child’s file
• the name and contact details of the CSO and CSSC with case responsibility for the child.

Give the long-term guardian:

• a completed Letter advising suitable persons of long-term guardianship order
• a certified or original copy of the order. Keep the original order on the child’s file

• information about their obligations in line with the Child Protection Act  1999, section 79A to (unless at the time the order was made the Childrens Court ordered that an obligation did not apply or applied to a limited extent):

  • as far as reasonably practicable, ensure the care they provide to the child complies with the charter of rights for a child in care 

  • ensure the child is provided with appropriate help in the transition from being a child in care to independence 

  • to the extent it is in the best interests of the child, preserve the child’s identity and connection to the child’s culture of origin

  • to the extent it is in the best interests of the child, help maintain the child’s relationships with the child’s parents, family members and other persons of significance to the child

• the name and contact details of the CSO with case responsibility for the child
• information and contact details for the Foster and Kinship Carer Support line. 

Give either the child or long-term guardian:

• the child’s child health passport
• the child’s Medicare card. (Give the card to the child if they are 15 years or over and listed as the cardholder.)
• an original or certified copy of the child’s birth certificate. Keep one original birth certificate on the child’s file. (Refer to Obtain a birth certificate for a child.)
• information about how to access the child’s My Health Record (Refer to Link to a child’s My Health Record.)
• the child’s tax file number, if applicable
• a certified copy of the child’s proof or confirmation of Aboriginal and/or Torres Strait Islander heritage, if applicable. Keep the original on the child’s file
• the child’s NDIS documentation, if relevant, including a copy of the current plan
• information about the Australian Government’s Transition to Independent Living Allowance (TILA) funding, if the child is 15 years or older. (Refer to Assist the young person to access Transition to Independent Living Allowance.)

Amend the carer’s details in ICMS

When a carer is granted long-term guardianship of a child, update the following details in ICMS:

• in the carer entity approval tab:
  • create a new approval of carer entity type as long-term guardian
  • add the subject child for whom the approval applies
  • record the start date as the day the order was granted
  • record the scheduled expiry date as the order expiry date
• in the child’s placement event, make sure the carer’s role is changed to long-term guardian.

Have contact with the child and long-term guardian

Child Safety must have contact with the child at least every 12 months and the long-term guardian must allow this to occur (Child Protection Act 1999, section 51VA). Contact with the long-term guardian will also occur every 12 months.

Contact with the child and long-term guardian may occur more regularly if:

• requested by the child or long-term guardian
  or
• it is considered necessary by Child Safety.

Contact with the child

To organise contact with the child:

• Make a suitable time to visit the child and long-term guardian.
• Negotiate with the long-term guardian and the child for contact to occur. If considered more appropriate, contact can occur at a location other than the home.

At the visit:

• Talk to the child about their current situation and any matters they wish to discuss.
• Provide the child with verbal and written information about the charter of rights and other information in line with the Child Protection Act 1999, section 74A.
• Give the child an opportunity to comment on or ask questions about the case plan, including requesting a review (Child Protection Act 1999, section 51VA).
• Inform the child that support can be provided without the need to review their case plan.
• Discuss any changes in circumstances or needs that may require additional supports for the child or long-term guardian.
• Facilitate referrals to services in the community, if requested.
• Discuss how the guardian is helping the child to have their cultural and identity needs met.
• Discuss family contact arrangements and any changes needed to the frequency or type of contact between the child and family members or other people significant to the child.
• Consider the child’s immediate safety and wellbeing. Take any action considered necessary to ensure the child’s immediate safety and wellbeing.
• Decide if a case plan review is needed.

Record the contact in the Long-term guardianship to a suitable person―contact and review report in the ongoing intervention event in ICMS. If the decision is made to review the case plan as part of the contact, refer to Review a long-term guardianship to suitable person—case plan.

If the long-term guardian does not allow the 12-monthly contact with the child:

• Remind the long-term guardian of their obligations in line with the Child Protection Act 1999, section 79A to (unless at the time the order was made the Childrens Court ordered that an obligation did not apply or applied to a limited extent)
  • as far as reasonably practicable, ensure the care they provide to the child complies with the charter of rights for a child in care 
  • ensure the child is provided with appropriate help in the transition from being a child in care to independence 
  • to the extent it is in the best interests of the child, preserve the child’s identity and connection to the child’s culture of origin
  • to the extent it is in the best interests of the child, help maintain the child’s relationships with the child’s parents, family members and other persons of significance to the child.
• Remind the long-term guardian of their legislative obligation   to allow contact with Child Safety.
• Organise to see the child outside their home. 
   

Contact with the long-term guardian

During the 12 monthly contact with the long-term guardian:

• Confirm the child is still residing in their direct care.
• Ask if they would like to have the child’s case plan reviewed (Child Protection Act 1999, section 51VA). 
• Provide them with a written copy of the Charter of Rights for a child in care .
• Inform them that support can be provided without the need to review the child’s case plan.
• Discuss any changing needs or circumstances that may require additional support to the child or long-term guardian.
• Unless the Childrens Court has made an exception, make sure the long-term guardian is continuing to meet their obligation to:
  • as far  as reasonably practicable, ensure the care they provide to the child complies with the charter of rights for a child in care
  • ensure the child is provided with appropriate help in the transition from being a child in care to independence 
  • tell the child’s parents where the child is living
  • give the parents information about the child’s care
  • facilitate contact between the child, parents, family members and other significant people (Child Protection Act 1999, section 80).
• Facilitate referrals to services in the community, if requested.
• Discuss how the long-term guardian is meeting the child’s cultural connection needs.
• Discuss the ongoing provision of financial assistance and record any approval by the financial delegate in the case plan.
• Remind the long-term guardian of their legal responsibility to notify the chief executive in writing if the child leaves their direct care and to provide information about where the child is living (if known) (Child Protection Act 1999, section 80A).

Decide whether to review a long-term guardianship to suitable person case plan

Decide to review a case plan

A review of the case plan is required, in line with the Child Protection Act 1999, section 51VA:

• if requested by the child or long-term guardian at the 12-monthly contact and if Child Safety agrees to the review
• at any point in time if requested by the child or long-term guardian and Child Safety agrees to the review
• if Child Safety considers it necessary.

In addition, Child Safety will review the case plan in any of the following circumstances:

• The long-term guardian is not fulfilling their legal obligations.
• A review is needed to assess the current care arrangement and appropriateness of the order.
• An investigation and assessment on the long-term guardian has been finalised with the outcome ‘Substantiated―ongoing intervention continues’ and the child is at unacceptable risk of harm.
• The child is no longer residing in the direct care of the long-term guardian.
• The child or the long-term guardian needs time-limited intensive case work.
• The long-term guardian makes a request for high support needs allowance or the high support needs allowance has continued for more than 12 months.
• The long-term guardian or the child is receiving child related cost payments that have continued for more than 12 months.

Child Safety may decide to review the case plan if an investigation and assessment on the long-term guardian has been finalised with the outcome ‘Substantiated—ongoing intervention continues’ and the child is not at unacceptable risk of harm.

Decide not to review a case plan 

In exceptional circumstances, Child Safety may decide not to review a case plan when requested by the child or long-term guardian. An example would be if a case plan review is not considered necessary because a review has recently been completed and the child’s circumstances have not significantly changed.  

The decision not to review a child’s case plan is a ‘reviewable decision’ (Child Protection Act 1999, schedule 2).

If a decision is made not to review a child’s case plan:

• Inform the child and long-term guardian of the reason for the decision and how to have the decision reviewed.
• Complete a Letter re: Decision not to review the case plan for the long-term guardian.  
• Draft a letter specifically for the child that explains the decision and how to have the decision reviewed, based on their age and ability to understand.
• Give the letters to the child and long-term guardian.
• Attach a copy of each letter to the ongoing intervention event in ICMS.

If the decision not to review the case plan occurs as part of contact with the child and long-term guardian, complete the Long-term guardianship to a suitable person―contact and review report in the ongoing intervention event in ICMS.

Note−when it is indicated that the review of the case plan has not been requested or approved by Child Safety, the review report section will not be generated within the form.  

The senior team leader or CSSC manager is responsible for making sure the legislative requirement to provide written notice of the decision to not review the child’s case plan is complied with.

Review a long-term guardianship to suitable person—case plan 

Decide the best process for reviewing the case plan, based on the case circumstances and what is in the child’s best interest. (Refer to Decide the process for a case plan review.)

Give the child and the long-term guardian an opportunity to collaboratively participate in the case plan review. (Note—it is not a requirement that the child and the long-term guardian participate in the review.)

If it is considered appropriate in the circumstances, convene a family group meeting to review the case plan.

Complete the long-term guardianship contact and review report

If a case plan review occurs as part of the contact with the child and long-term guardian:

• Complete the Long-term guardianship to a suitable person―contact and review report in the ongoing intervention event in ICMS. Note—when it is indicated that a review of the case plan has been requested and approved by Child Safety, the review report section will automatically generate within the form.
• Submit the report to the senior team leader for approval.  

Develop a revised case plan

In the revised Long-term guardianship to a suitable person―case plan, record:

• the case plan goal. This may be the existing goal or a new goal (for example, the goal may change from long-term out-of-home care to young person lives independently)
• the support needs and actions required to ensure the child’s protection and care needs, including:
  • any existing support needs and actions that are still relevant and not yet achieved
  • new support needs and actions identified or resulting from decisions made about the case plan direction
  • ongoing supports to be provided to the child and their long-term guardian
  • any revised family contact arrangements. (Refer to Family contact.) 
  • arrangements for maintaining and supporting the child’s cultural identity, as outlined in the cultural support plan 
  • who participated in the case plan review, how they participated, and whether a family group meeting was held.

Family contact

The long-term guardian is responsible for providing the opportunity for ongoing contact between the child and the child’s parents and appropriate members of the child’s family, as often as is appropriate in the circumstances, unless otherwise ordered by the Childrens Court.

If issues or circumstances arise that prevent or impact on a child’s ongoing contact with their parents and appropriate members of their family:

• Offer assistance by:  
  • discussing options for resolving the issues and encourage the long-term guardian and family members to attempt to address the issues independently
  • negotiating with the long-term guardian for a Child Safety practitioner to contact the family members directly to help resolve the matter (if the long-term guardian and family members are not able to resolve the matter independently).
• Review the case plan if it is identified that family contact needs to be supervised or restricted.

Respond to a request for support

A child or long-term guardian may contact Child Safety to request practical or financial support. The CSO with case responsibility will respond to such requests by:

• discussing the request with the senior team leader
• facilitating the provision of appropriate support
• seeking approval for any financial support from the delegated officer.

Refer to the policy Support for children in the care of long-term and permanent guardians.

Child related costs

Requests by a long-term guardian for reimbursement of child related costs (that are not approved within the child’s case plan) may be approved if the costs are considered significant or ongoing.

In addition, a long-term guardian will have access to financial support from Child Safety for services to meet the child’s health, education, therapeutic, cultural and transition to adulthood needs, if the supports are not available in the community. (Refer to the policy Child related costs.)

High support needs allowance and complex support needs allowance

The high support needs allowance and complex support needs allowance may be paid to a long-term guardian, if:

• the child was assessed and approved for the high or complex support needs allowance before the order was made
  or
• the child has developed or presents with previously unforeseen special needs (short-term or ongoing in nature) that were unknown or not present at the time the order was made.  

Refer to the policy High support needs allowance, the procedure High support needs allwance, the policy Complex support needs allowance and the procedure Complex support needs allowance. 

Special payments (including ex-gratia payments)

A long-term guardian is able to claim for a special payment, for example, if they have suffered a loss or property damage caused by a Child Safety client. This is subject to the policy Special Payments (including Ex-gratia), in the Financial management practice manual. 

Short breaks

A long-term guardian of a child:

• can access ‘emergent’ short breaks for the child, in line with the policy Dual payment of carer allowances, only if an emergency arises (or a situation arises that temporarily impacts the long term guardian’s ability to provide direct care) and there is no alternative option available within their existing safety and support network. In this circumstance, the child may be placed with an approved foster carer if the long-term guardian provides written consent using the Short break agreement

• is not eligible for ‘planned’ short breaks for the child. If the child has a disability, they may be able to access respite support through the National Disability Insurance Scheme. (Refer to Respond to a child's disability needs.)

Evolve

As the long-term guardian is responsible for meeting the child’s emotional and behavioural needs, the child is not eligible for Evolve therapeutic services (Evolve). Evolve provides therapeutic and behaviour support services for children. (Refer to Refer the child to Evolve.) If the child needs a mental health or counselling service, provide the long-term guardian with information about appropriate services.

Transition from care into adulthood

A young person subject to a long-term guardianship order to a suitable person:

• can apply for the Australian Government’s Transition to Independent Living (TILA) allowance
• may be eligible for child related costs. (Refer to Child related costs.)
• can receive case work support to help them make the transition to adulthood if they are no longer living with the long-term guardian. (Refer to Respond when the child is no longer in the long-term guardian's direct care.) 

Provide case work for emergent issues

If circumstances arise that are likely to impact on the stability of the care arrangement, Child Safety may provide 3 months of intensive case work. For example, if:

• the long-term guardian is unwilling or unable to meet their guardianship responsibilities such as caring for the child
• the long-term guardian is diagnosed with a terminal illness.

To facilitate case work, review and develop a case plan for the child. (Refer to Review a long-term guardianship to suitable person-case plan.)  

The CSSC manager may extend the period of case work if progress has been made and a further period of case work is likely to resolve the identified issues. It would not be appropriate for case work to extend past 6 months, unless there were exceptional circumstances.

If, after case work has been provided, the circumstances remain unchanged, the CSSC manager will consult with the OCFOS lawyer and decide whether to make a referral to DCPL to apply to vary the child protection order and seek long-term guardianship to the chief executive. In making this decision, the CSSC manager will:

• consider the views of the child, the long-term guardian and the child’s family
• with the consent of the child and family, arrange for an independent person to assist an Aboriginal or Torres Strait Islander child and their family to participate in the decision-making process.

Refer to a family support service

If a long-term guardian seeks support and it is assessed that the required support is able to be provided by an intensive family support service or Aboriginal and Torres Strait Islander family wellbeing service, and case work support is not currently being provided for emergent issues:

• Discuss the referral with the senior team leader.
• Discuss the referral with the child and long-term guardian and obtain their consent to refer.
• Complete the referral to:
  • an Intensive Family Support Service. (Refer to Procedure 1 Referral to another agency.)
    or
  • an Aboriginal and Torres Strait Islander Family Wellbeing Service. (Refer to Procedure 4 Refer a family to an Aboriginal and Torres Strait Islander Family Wellbeing Service.)
• Attach the completed referral to the ongoing intervention event in ICMS.
• Contact the service to discuss the referral.

Offer a support service

A support service may be opened for a young person who has turned 18 and who was previously subject to a long-term guardianship order to a suitable person. (Refer to Procedure 4 Support service case with a young person.)

Provide information about the Foster and Kinship Carer Support line

Make sure the long-term guardian is aware that they may access the Foster and Kinship Carer Support line on 1300 729 309. The support line operates Monday to Friday 5pm to 11.30pm and weekends 7am to 11.30pm. (Refer to Procedure 6 Negotiate support for carers.)

Access to counselling services for a long-term guardian

If a long-term guardian requires support due to a traumatic event relating to the child in their guardianship, and they are an approved foster or kinship carer for another child, in the first instance, they should receive support from their foster and kinship care service.

If they require intensive support that can only be provided by a professional counsellor or psychologist (such as counselling or therapy) and they were an approved foster or kinship carer before being granted long-term guardianship of the child, then the CSSC manager may approve child related costs on a case-by-case basis. (Refer to the policy Child related costs.)

In deciding whether to approve financial expenditure for counselling, the CSSC manager will consider:

• contextual information about the need for the service, including whether it specifically relates to trauma experienced in relation to the child subject to the guardianship order
• whether the long-term guardian has accessed support from their foster and kinship care service, if applicable
• the length of time counselling may be required
• whether the long-term guardian is able to access a Medicare rebate for the services of a psychologist or other allied mental health professional.

Training

Tell the long-term guardian they are eligible to participate in carer training if wish to do so to support the care arrangement. (Refer to Foster carer training.)

Child support

If the long-term guardian is a relative of the child in their guardianship, advise them that they may be eligible for child support. Refer to the Child Support website or call the Child Support Agency on 131 272.

Regulation of care requirements

Unless a long-term guardian plans to provide care to a child in the custody or guardianship of the chief executive, they are not:

• required to hold a current blue card or a certificate of approval as a foster or kinship carer
• subject to the policy Responding to concerns about the standards of care. Respond to concerns regarding their care of the child in line with usual intake processes. (Refer to Procedure 1 Receive and respond at intake.)

Other issues that may arise for a long-term guardian

Separation or divorce of long-term guardians

If long-term guardians separate or divorce, both continue to hold guardianship responsibility for the child subject to the order. They will need to negotiate plans for the child’s daily care, taking into consideration:

• the child’s views
• the circumstances of the separation or divorce.

If the long-term guardians have been receiving the fortnightly caring allowance, only one of them can continue to receive the allowance after the separation or divorce. If the child’s daily care is to be shared, the long-term guardians will need to decide who will receive the allowance. The long-term guardian who receives the allowance may (but is not obligated to) pay part of the allowance to the other long-term guardian.

If a long-term guardian subsequently re-partners or remarries, there is no legal requirement for the new partner to be assessed or approved to provide care for the child subject to the long-term guardianship order. If concerns arise about the new partner, decide whether:

• to request a meeting with the long-term guardian to discuss relevant issues
  or
• the concerns meet the threshold for recording a notification. (Refer to Procedure 1 Receive and respond at intake.)

Succession planning for the child

A sole long-term guardian or long-term guardian couple may document details of a nominated person or of people they wish to be considered as the child’s guardian in the event of their death. While their wishes are not legally binding, by informing Child Safety or recording their wishes in a will, they enable Child Safety (should it be required) to consider inviting a nominated person to apply to become an approved carer for the child.

If a long-term guardian (either a sole guardian or part of a long-term guardian couple) is diagnosed with a terminal illness, and they wish to secure the child’s legal status before their death, consult OCFOS about making a referral to the DCPL for an application to the Childrens Court to:

• vary the order granting long-term guardianship to a suitable person
  and
• seek an order granting long-term guardianship to the chief executive.

This may occur if:

• the terminally ill long-term guardian (or both long-term guardians) state they cannot continue to fulfil their role as guardian for the child during the course of the illness
• the other long-term guardian indicates they will not be able to fulfil their guardianship responsibility after their partner’s death.

The long-term guardian seeks alternative arrangements for the child’s care

If a long-term guardian does give the daily care of the child to another person (or nominates someone to take over the child’s daily care) and it appears that the arrangement is in the child’s best interest and is the most appropriate arrangement for meeting the child’s emotional and physical needs:

• Consult with the senior team leader and the OCFOS lawyer about a referral to the DCPL to vary the child protection order and seek an order granting long-term guardianship to the chief executive.
• Invite the person caring for the child to apply to become an approved carer. To ensure continuity of care for the child, facilitate a provisional approval of the carer applicant. (Refer to Procedure 6 Complete the assessment requirements for provisional approval.)

If a long-term guardian advises that they are no longer able and willing to meet their responsibilities as the child’s long-term guardian, including providing daily care for the child:

• Obtain and genuinely consider the child’s views before deciding the best way to proceed.
• Review the case plan and explore all options available to the child.
• Consult with the senior team leader and OCFOS lawyer to consider whether it is in the child’s best interest to make a referral to the DCPL for an application:
  • to vary the child protection order
    and
  • seek an order granting long-term guardianship to the chief executive or another suitable person.

Respond when the child is no longer in the long-term guardian’s direct care

If the long-term guardian advises that the child is no longer in their direct care:

• Seek information from them to confirm the child’s current whereabouts and the circumstances leading to the change.
• Have direct contact with the child (if their whereabouts are known) as soon as practicable after receiving the advice, to assess their immediate safety and wellbeing and determine whether a review of the case plan is required.
• Review the child’s needs for safety, belonging and wellbeing, and take any further action considered appropriate (Child Protection Act 1999, section 80A).
• Assess whether the long-term guardian is prepared to resume direct care of the child and if the child is prepared to return to the direct care of the long-term guardian, if Child Safety provides a period of time-limited case work aimed at addressing the factors leading to the change in circumstances. (Refer to Respond to a request for support.)
• Advise the long-term guardian that the fortnightly caring allowance and other financial supports will cease if the child is not in their direct care, but payments will recommence if the child returns to their care.
• Determine if the fortnightly caring allowance and other financial supports need to cease, based on the circumstances. (Refer to the policy Expenses—fortnightly caring allowance and inter-state foster payments and the policy High support needs allowance.)
• Inform the long-term guardian of their responsibility to advise Centrelink that the child’s care arrangement has ended, if applicable.
• Update the child’s placement details and location in ICMS.

If the child’s whereabouts are unknown, make reasonable attempts to locate them, by contacting:

• the child’s long-term guardian to discuss possible places the child may be
• the child’s school or educational facility
• the child’s parents, siblings or other family members
• the child’s friends
• professionals or agencies currently or recently in contact with the child
• Centrelink, if considered appropriate in the circumstances. (Refer to Procedure 2 Take action if a child and family cannot be located.)

After assessing the child’s safety and wellbeing, consult the senior team leader about:  

• assisting the child and long-term guardian to resolve issues contributing to the young person leaving and to enable their return to the long-term guardian’s care
• the appropriateness of the order in meeting the child’s ongoing care and protection needs and whether to consult the OCFOS lawyer about making a referral to the DCPL for an application to the Childrens Court to:
  • vary the order granting long-term guardianship to a suitable person
    and
  • seek an order granting long-term guardianship to the chief executive.

Consider if the order needs to be varied

Consult with the senior team leader and OCFOS lawyer about a referral to the DCPL to vary the child protection order and seek an order granting guardianship to the chief executive if:

• the long-term guardian is no longer able and willing to be the child’s long-term guardian and fulfil their obligations under the Child Protection Act 1999, section 80
• the long-term guardian can no longer fulfil guardianship responsibilities but wants to continue caring for the child. The long-term guardian could be assessed as a kinship carer for the child, and if approved, continue to care for the child while they are in the chief executive’s custody or guardianship
• an investigation and assessment has been finalised with a ‘Substantiated―ongoing intervention continues’ outcome, and it is assessed that the child is at unacceptable risk of harm, and the long-term guardian is not willing to work with Child Safety to address the concerns.

In all these circumstances, meet with the child, long-term guardian, family and other relevant people to review the case plan. (Refer to Review a long-term guardianship to suitable person―case plan.)   

If an application to vary the order is made to the Childrens Court, while the application is proceeding:

• The long-term guardian will:
  • continue to have guardianship rights and responsibilities for the child
  • be treated by the court as a parent and afforded the same appeal rights
  • be a respondent in the proceedings.
• The child’s parents will:
  • have appeal rights
  • be respondents in the proceedings.