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Child Safety Practice Manual July 2013

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  • Child Safety Practice Manual

    July 2013

  • Contents

    Introduction ....................................................................................................................... 3

    How to use the child safety practice manual .............................................................................. 17

    Practice framework and maps ................................................................................................... 20

    Chapter 1. Intake ............................................................................................................... 37

    Chapter 2. Investigation and assessment .......................................................................... 78

    Chapter 3. Ongoing intervention ...................................................................................... 152

    Chapter 4. Case planning ................................................................................................ 222

    Chapter 5. Children in out-of-home care .......................................................................... 284

    Chapter 6. Intervention with parental agreement .............................................................. 420

    Chapter 7. Support service cases .................................................................................... 436

    Chapter 8. Regulation of care .......................................................................................... 449

    Chapter 9. Standards of care ........................................................................................... 531

    Chapter 10. General .......................................................................................................... 588

    10.1 Decision-making about aboriginal and torres strait islander children .............. 589

    10.2 Statutory obligation to notify the queensland police service of possible criminal offences ............................................................................................ 594

    10.3 Information sharing ........................................................................................ 597

    10.4 Providing adoption services............................................................................ 607

    10.5 Recording sensitivity ...................................................................................... 618

    10.6 Downgrading or deleting an approved notification .......................................... 622

    10.7 Undertake the substance testing of parents ................................................... 628

    10.8 Responding to self-harming behaviour ........................................................... 638

    10.9 Responding to suicide risk behaviour ............................................................. 648

    10.10 Warrant for the apprehension of a child .......................................................... 660

    10.11 Staff safety and well-being ............................................................................. 664

    10.12 Professional supervision ................................................................................ 673

    10.13 The video taping or recording of departmental staff ........................................ 679

    10.14 Referral for active intervention services .......................................................... 684

    10.15 The role of the child safety after hours service centre..................................... 688

    10.16 Referral to an aboriginal and torres strait islander family support service ....... 695

    10.17 Complaints management ............................................................................... 704

    10.18 Interstate and new zealand matters ................................................................ 710

    10.19 The review of child deaths .............................................................................. 728

    10.20 Victims of crime and the role of victim assist queensland ............................... 735

    10.21 Family courts .................................................................................................. 740

    10.22 International child protection matters and the hague child abduction convention ...................................................................................................... 757

    Acronyms ................................................................................................................................ 760

    Glossary of terms .................................................................................................................... 764

  • Introduction

    Department of Communities, Child Safety and Disability Services

    The Department of Communities, Child Safety and Disability Services (the department) is the lead agency for the whole of government response to child protection in Queensland. The Strategic Plan sets out the vision, values, priorities, goals and strategies in relation to children at risk or subject to departmental intervention.

    Our Vision Fair, cohesive and vibrant Queensland communities.

    Our Purpose Providing integrated community services that strengthen Queensland.

    Our Values The department will undertake the delivery of its services in line with the following values:

    • client focus • collaboration • diversity • innovation • professional integrity.

    Relevant legislation

    The Child Protection Act 1999 and Child Protection Regulation 2011 provides the legislative mandate for child protection work undertaken by the department. Other legislation that impacts on the work undertaken by the department includes:

    • Adoption Act 2009 • Child Protection (International Measures) Act 2003 • Childrens Court Act 1992 • Queensland Civil and Administrative Tribunal Act 2000 • Commission for Children and Young People and Child Guardian Act 2000 • Domestic and Family Violence Protection Act 2012 • Family Law Act 1975 • Family Services Act 1987 • Information Privacy Act 2009 • Right to information Act 2009 • Surrogate Parenthood Act 1988.

    To access the above legislation, refer to the Queensland Legislation website.

    Introduction July 2013 Page 3

  • Other key documents

    Other key documents that guide the work of the department are: • Code of Conduct for the Queensland Public Service • RecFind user guide • Recordkeeping: Client file procedure • Information Coordination Meetings (ICM) and the Suspected Child Abuse and Neglect

    (SCAN) Team System Manual.

    Child safety service centres: staff roles and responsibilities

    The roles and responsibilities of staff at a CSSC contribute to the delivery of high quality child protection services to clients and communities.

    CSSC manager The CSSC manager leads and manages a CSSC through:

    • the implementation of quality business and practice systems and standards • ensuring that child protection services provided comply with relevant legislation,

    delegations, policies, procedures and quality standards • the establishment of enduring productive partnerships with approved carers, the

    community, the public and non-government sectors • the ongoing professional development and management of staff.

    Senior practitioner The senior practitioner supports and monitors the quality of the child protection service provided to children, their families and the community through:

    • an ‘expert’ knowledge of child protection practice • mentoring and developing the practice skills and knowledge of CSOs, CSSOs and team

    leaders • monitoring and facilitating the implementation of relevant legislation, delegations,

    policies, procedures and quality standards • managing the ongoing improvement of child protection practice • participating in, or conducting reviews of, complex or sensitive cases.

    Team leader The team leader:

    • leads and supervises a team of CSOs in the delivery of collaborative frontline child protection services to children, their families and communities

    • provides professional supervision to staff involved in child protection service delivery • ensures that the child protection services delivered, comply with legislation, delegations,

    policies, procedures and quality standards.

    Introduction July 2013 Page 4

  • Child safety officer CSOs provide statutory child protection services to children and families through:

    • undertaking the roles of an authorised officer under the Child Protection Act 1999 • the application of relevant legislation, delegations, policies, procedures and quality

    standards • working collaboratively with approved carers, the community, government and non-

    government service providers.

    Child safety support officer CSSOs support the provision of child protection services to children and families through:

    • assisting CSOs in their application of relevant legislation, policies and procedures • working collaboratively with approved carers, the community and government and non-

    government service providers.

    Court coordinator The court coordinator represents the chief executive in court matters by advising and consulting with other departmental officers and promoting a high standard of service to children in relation to court matters and the Queensland Civil and Administrative Tribunal (QCAT).

    SCAN team coordinator The SCAN team coordinator coordinates the effective functioning of the Suspected Child Abuse and Neglect teams.

    Family group meeting convenor A family group meeting convenor (FGM convenor) is delegated under the Child Protection Act 1999 to convene family group meetings. The FGM convenor is to be independent of the case and is not to have decision-making responsibilities for the case. The convenor plans, prepares participants for and facilitates the family group meeting. The convenor also records the case plan developed at a family group meeting.

    Administrative staff Administrative staff provide support services for the staff at the CSSC. This includes administrative assistance such as reception duties, record keeping and word processing.

    Business support officer Provides financial, human resource and business support to departmental officers, including specific advice and guidance to the manager about business systems and services.

    Framework for the participation of children and young people in decision-making

    All children and young people have a right to participate in decision-making about their own life. The Children and Young People’s Participation Strategy incorporates a vision and framework for children and young people’s participation and a detailed implementation plan.

    Introduction July 2013 Page 5

  • The strategy builds on the commitment and collaborative efforts of departmental staff, non-government agencies and CREATE Foundation. The vision established by the strategy is for all children and young people in the child protection system to shape:

    • their lives now and for the future • the services and support they and other children and young people receive.

    The participation strategy was informed by a review of relevant work of other Australian jurisdictions, literature and research to identify models of engagement and participation of children and young people in statutory child protection systems. The paper, Listening, hearing and acting: Approaches to the participation of children and young people in decision-making - a review of the literature reports on the outcomes of this literature review.

    Objectives The objectives of the department are to:

    • develop a culture of valuing children and young people’s views and being proactive in facilitating their participation

    • grow the number of children and young people receiving child protection services who report they have had opportunities to participate in decisions about their own lives and that they are satisfied with the process and the effect of their participation

    • expand opportunities for children and young people to have a say about the nature and delivery of services to themselves and their peers.

    Facilitating the participation of children and young people in decision-making The strategy outlines four approaches or pathways to participation, based on research, that have been adopted.

    Taking into account the nature of the decision, the participation of a child or young person in decision-making may occur in any one of the following ways:

    • Consultation: the child or young person’s views are taken into account by the adults making the decision, however, they are not involved in implementing the decisions.

    • Supported: the child or young person makes autonomous decisions and carries out actions with the support of adults.

    • Deciding together: the child or young person and adults discuss their views, identify options and make decisions together. The adults in the process hold ultimate responsibility, but the child or young person steers the decision.

    • Acting together: the child or young person and adults share power and responsibility for decision-making, both deciding and taking action to implement the decisions together.

    The participation of a child or young person in matters and decisions affecting their day-to-day lives can be focused on matters and decisions that relate to them as individuals or to them as a group and may be formal or informal.

    Individual matters and decisions include those relating to the immediate circumstances for a child or young person, their day-to-day care and support and their life course.

    Group matters and decisions include those relating to service planning and development, service improvement, development of policy and procedures and review and development of legislation.

    Introduction July 2013 Page 6

  • Formal participation includes the participation of children and young people at key decision-making points of the case planning cycle in accordance with the Child Protection Act 1999 and supported by departmental policies and procedures. Key decision-making points include:

    • actions necessary to ensure a child’s protection (investigation and assessment) • development of a child’s initial case plan at the family group meeting • seeking a child protection order from the Childrens Court • removal of a child from parental care • placement of the child in out-of-home care • the ongoing review of the child’s case plan • the decision to pursue long-term guardianship of the child to the chief executive or

    another person • decisions about a child’s contact with family and friends • transition to independence for a young person.

    The effective participation of children and young people in formal case planning processes and, where applicable, the development of education support plans, cultural support plans, transition to independence plans and health plans, requires that the child or young person is adequately prepared for the process and provided with additional supports, where necessary.

    Informal approaches include on-going conversation during regular contact with the child or young person, observation, listening to spontaneous communication, engaging in joint activities and providing the child or young person with an opportunity to have contact with departmental officers when required.

    Reflection and review is a critical part of the participation process. Ongoing reflection and review by children and young people and adults about what happened, how it happened and what worked, strengthens relationships and contributes to improved practice.

    Reasons for developing a participation strategy Children and young people’s participation is a right, not an option. Their human and legal rights to participation are identified in:

    • the United Nations Convention on the Rights of the Child • the Child Protection Act 1999 • departmental policy and procedures.

    The United Nations Convention on the Rights of the Child (the Convention) (Article 12) states that public services and governments are to provide children with the freedom and opportunities to express their views and that the service or government must consider their views in a meaningful way.

    The Convention came into force on 2 September 1990, and is the first legally binding international instrument to incorporate the full range of human rights - civil, cultural, economic, political and social rights. Australia ratified the Convention in 1990, and in doing so, is committed to protecting and ensuring children’s rights and to being held accountable for this commitment before the international community.

    Introduction July 2013 Page 7

  • The Convention is a universally agreed set of non-negotiable standards and obligations. These basic standards, also called human rights, set minimum entitlements and freedoms that should be respected by governments, including that children everywhere have the right to participate fully in family, cultural and social life.

    The Child Protection Act 1999, section 5, establishes participation as a legal right for children. The legislation requires that the Child Protection Act 1999 is administered in a way that ensures the views of the child and the child’s family are considered and the child and the child’s parents have the opportunity to take part in making decisions affecting their lives.

    The Child Protection Act 1999, section 59, requires that the Childrens Court may make a child protection order only if it is satisfied the child’s wishes or views have been made known to the court.

    The Charter of rights for a child in care (Child Protection Act 1999, schedule 1) and kid’s rights - Charter of Rights for children in care establishes the right for the child to be consulted about, and to take part in, the decisions that affect the child’s life (having regard to the child’s age or ability to understand), particularly decisions about where the child is living, contact with the child’s family and the child’s health and schooling.

    Departmental policy and procedures require that children and young people are provided with information and that their views are sought in court proceedings and case planning processes. For further information, refer to the Participation by children and young people in decision-making policy.

    Respecting diversity

    The department provides services to children and families who are diverse in many ways. Diversity can be attributable to differences in cultural and linguistic background, gender, lifestyle, sexuality, socio-economic status, family composition, personal beliefs and values. Diversity is reflected among the staff, as well as the people with whom the department works.

    Diversity is enriching, sometimes threatening and almost always challenging.

    Respecting diversity is about: • building responsive relationships • open and honest communication • examining one’s own personal ideas, customs and beliefs and respecting that the beliefs

    of one person may not be the same as another • acknowledging and respecting that others can hold different beliefs with equal conviction.

    Culture and language are part of identity. Children and families can suffer if their culture and language are ignored, demeaned or marginalised. Culture is dynamic and evolving, not static. Attempting to represent or define a culture carries with it the risk of stereotyping or misrepresentation.

    All departmental officers are to take responsibility for respecting diversity in practice, rather than delegating responsibility to people from ‘other’ cultures or lifestyles within the department.

    Introduction July 2013 Page 8

  • Respecting diversity does not mean condoning or accepting experiences uncritically because they are culturally based. An inclusive service considers ways in which the abilities, strengths and interests of all children can be supported and extended.

    Aboriginal and Torres Strait Islander children Aboriginal and Torres Strait Islander children are over-represented at all stages of the child protection system. The further that Aboriginal and Torres Strait Islander children move through the child protection system, the higher the rates of over-representation. To reduce this over-representation a concerted whole of service system approach is necessary. This requires a collaborative approach to service delivery built on respect and recognition that Aboriginal and Torres Strait Islander families, communities and services want to be active partners with the department.

    Culturally appropriate, effective and timely services need to be provided in partnership with the recognised entities to ensure the safety and well-being of Aboriginal and Torres Strait Islander children throughout Queensland.

    In Queensland there are numerous discrete Aboriginal and Torres Strait Islander communities with distinct cultural, social, economic and family identities. When planning for or deciding any intervention with an Aboriginal or Torres Strait Islander child and his or her family, the department must ensure that the recognised entity is consulted about the decision or action and given the opportunity to provide information about the child, the family, relationships, community connections, clan or language group, location and, when necessary, safe, compatible placement options that comply with the hierarchy of placements outlined in the child placement principle.

    For further information about engaging with Aboriginal or Torres Strait Islander children, families and communities, refer to the practice paper Working with Aboriginal and Torres Strait Islander people.

    The department also recognises the importance of preserving and enhancing a child’s sense of identity and the significance of extended family, kinship arrangements, culture and community in raising Aboriginal and Torres Strait Islander children. The child placement principle, as outlined in the Child Protection Act 1999, section 83, and the requirements in relation to recording and reviewing the cultural support plan, guide the decisions and actions of departmental staff when an Aboriginal or Torres Strait Islander child is deemed to be in need of protection. For information about the purpose and requirements of the child placement principle, the roles and responsibilities and recording requirements for departmental staff, refer to the practice resource The child placement principle. For information about the purpose and requirements of the cultural support plan, the information to be recorded in the plan and recording and review requirements, refer to the practice resource Developing a cultural support plan for an Aboriginal or Torres Strait Islander child.

    For information regarding key concepts that underpin departmental intervention with Aboriginal and Torres Strait Islander children and the process for decision-making refer to Chapter 10.1 Decision-making about Aboriginal and Torres Strait Islander children.

    For a summary of the provisions within the Child Protection Act 1999 about services to Aboriginal and Torres Strait Islander children, and requirements for working collaboratively with

    Introduction July 2013 Page 9

  • the recognised entities, refer to the practice resource Legislative provisions in relation to Aboriginal and Torres Strait Islander children and collaboration with recognised entities.

    Children from culturally and linguistically diverse backgrounds The department recognises that Queensland is a culturally diverse state and works to protect children and young people of diverse cultural, linguistic, ethnic or religious backgrounds who have been harmed or who are at risk of harm.

    This work is guided by specific provisions within the Child Protection Act 1999, including: • Child Protection Act 1999, section 5 (2)(d)(i) - Principles for administration of Act • Child Protection Act 1999, section 74 - Charter of rights for a child in care • Child Protection Act 1999, section 122 (1)(d) - Statement of standards.

    For further information relevant to working with children and families, refer to practice paper Working with people from culturally and linguistically diverse backgrounds.

    The Multicultural Action Plan outlines current and proposed activities to achieve key multicultural child protection outcomes and seeks to respond to the protective needs of children and young people from culturally and linguistically diverse (CALD) backgrounds.

    The action plan’s focus on improving the responsiveness of child protection services is inclusive of activities which aim to:

    • identify and support CALD child protection staff • recruit and promote services and support for CALD foster and kinship carers • collect and report on CALD data • establish partnerships and consultative mechanisms with CALD communities and

    stakeholders.

    Further information Additional information can be accessed via the following websites:

    • Queensland Aboriginal and Torres Strait Islander Child Protection Peak (QATSICPP) • Ethnic Communities Council of Queensland • Queensland Multicultural Resource Directory • Secretariat of National Aboriginal and Islander Child Care (SNAICC) • Translated resources (Child Safety website).

    Recognised entities

    The Child Protection Act 1999 requires that Aboriginal and Torres Strait Islander children and their families and communities receive services from the department that meet the cultural and identity needs of Aboriginal and Torres Strait Islander children, and reflect the unique needs of Aboriginal and Torres Strait Islander families, stemming from their history as Indigenous Australians (Child Protection Bill 1998, clause 6, explanatory notes).

    Under the Child Protection Act 1999, section 6, the department is required to work with a recognised entity when making all decisions about an Aboriginal or Torres Strait Islander child.

    Introduction July 2013 Page 10

  • In accordance with the Child Protection Act 1999, section 6(1) and (2), the department is required to either:

    • provide the recognised entity with an opportunity to participate in the decision-making, where the decision is significant

    • consult with the recognised entity on all other decisions.

    A recognised entity may be an individual or organisation that is appropriate to be consulted about the child's protection and care under an agreement between the department and the entity. If the entity is an individual, he or she must:

    • be an Aboriginal or Torres Strait Islander person • have appropriate knowledge of or expertise in child protection • not be an officer or employee of the department.

    If the recognised entity is an organisation, its members must include Aboriginal or Torres Strait Islander persons who have appropriate knowledge of or expertise in child protection and are not officers or employees of the department. It must also provide services to Aboriginal persons or Torres Strait Islanders (Child Protection Act 1999, section 246I). The department must also keep a list of the recognised entities with whom to consult about the protection and care of Aboriginal or Torres Strait Islander children (Child Protection Act 1999, section 246I).

    For further information about the roles of the recognised entities, the legislative requirement to work collaboratively with a recognised entity for the child and the responsibilities of departmental officers, refer to the practice resource Working with the recognised entity and Chapter 10.1 Decision-making about Aboriginal and Torres Strait Islander children.

    Delegations

    Four groups of Statutes (Acts of Parliament), and delegated powers under those Acts, legally regulate the work of the department. The groups of Acts are those relating to: child protection, adoption, the public sector/human resources and financial administration. For the purposes of the Child Safety Practice Manual (CSPM), it is sufficient to refer to the Acts relating to child protection and to adoption, in particular the:

    • Adoption Act 2009 • Child Protection Act 1999 • Childrens Court Act 1992 • Family Services Act 1987

    To authorise actions to give effect to the purposes of these Acts, they each confer powers on the chief executive. As it is not practical to expect that the chief executive would always exercise those powers, that is, perform or authorise particular actions on a day-to-day basis, the Acts also give the chief executive power to delegate their statutory powers to officers or categories of officers, for example, the Child Protection Act 1999, section 156, and the Family Services Act 1987, section 6.

    The formal legal instruments for this delegation of authority are written ‘instruments of delegation’ signed by the chief executive which delegate specified powers to particular categories of officer.

    Introduction July 2013 Page 11

  • Whereas the CSPM provides staff with professional guidance and direction for actions they are to undertake, it is delegations under Acts that give relevant staff the legal authority to perform those actions.

    Departmental officer’s have a responsibility to be informed of instruments of delegation as authority documents, and the Code of Conduct for the Queensland Public Service (created under the Public Sector Ethics Act 1994) states that, ‘You have a responsibility to maintain a good working knowledge of the legislation, policies, standards and procedures relating to your role, and to ensure your decisions are consistent with these (section 1.2)’. In addition, the Public Sector Ethics Act 1994, section 7, requires public service officials to uphold the laws of the State and the Commonwealth, and the Public Service Act 2008, section 26, requires that public service employees observe all laws relevant to their employment.

    In addition to child protection and adoption, other Acts which have delegations applying to officers of the department are:

    • the Public Service Act 2008, for the public sector/human resources • the Financial Accountability Act 2009.

    For further information, refer to the Statutory delegations on the department’s infonet site.

    Accountability for children in Queensland

    The department is accountable for the protection of children in Queensland. Should clients, carers, licensed care service staff or other interested persons hold concerns about the decisions or actions of departmental officers, various external accountability mechanisms are available, including:

    • Queensland Civil and Administrative Tribunal • the Commission for Children and Young People and Child Guardian (CCYPCG) • the Crime and Misconduct Commission.

    Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal (QCAT) was established under the Queensland Civil and Administrative Tribunal Act 2000. QCAT looks into government decisions about children and young people in the care of the department and seeks to provide merit reviews of specific reviewable decisions, as outlined in the Child Protection Act 1999, schedule 2.

    It is an independent body, which currently has an appointed President, located within the Department of the Premier and Cabinet. It is usually made up of three people who have experience in many areas including children’s issues, law and health. QCAT, while similar to a court, operates in a less formal manner and seeks to avoid an overly legalistic approach to cases, for example, legal representation is at the discretion of QCAT, based on the issues of each case.

    In reviewing a decision QCAT may: • agree with a decision (the decision stays the same) • disagree with a decision (as if the decision had never been made) • change some aspects of a decision

    Introduction July 2013 Page 12

  • • make a new decision.

    Those who may apply for a review of decisions under the Child Protection Act 1999, include: • children or, if the child is too young, another person may do this on their behalf • parents • the Child Guardian, CCYPCG • in specified circumstances, the child’s carer.

    An application for the review of a decision needs to be made to QCAT within 28 days of the decision being communicated in writing by the department. QCAT’s role is finalised once a decision has been handed down. QCAT is not able to follow up on a case or manage or oversee cases.

    Commission for Children and Young People and Child Guardian The CCYPCG is an independent statutory body which promotes and protects the rights, interests and well-being of all children and young people in Queensland. The CCYPCG is independent and its decisions are not influenced by any government department or other agency.

    The role of the CCYPCG is to: • monitor and review laws, policies and practices impacting on services provided to

    children and young people • administer a state-wide Community Visitor Program for children and young people in

    alternative care - including foster care and residential services • receive and investigate complaints about services to children and young people known to

    the department • maintain Child Death Register, administering the Child Death Case Review Committee

    and conducting research into child deaths • employment screening of certain types of child-related employment (for example, Blue

    Cards) • educate the community to comply with the Commission for Children and Young People

    and Child Guardian Act 2000 • monitor and review laws, policies and practices that impact on the safety and wellbeing of

    vulnerable children and young people at risk • conduct research into issues impacting on the safety and well being of children and

    young people, and • promote laws, policies and practices that uphold the rights, interests and wellbeing of

    children and young people, particularly those at risk

    CCYPCG Community Visitors are appointed by the CCYPCG to visit children and young people in out-of-home care to ensure they are provided with appropriate care, to advocate on their behalf, help resolve any concerns or grievances and offer support if required. For further information refer to the Community Visitors Publications.

    Crime and Misconduct Commission The Crime and Misconduct Commission (CMC) is a statutory body, answerable to the people of Queensland through an all-party parliamentary committee, the Parliamentary Crime and

    Introduction July 2013 Page 13

  • Misconduct Committee. Under the terms of the Crime and Misconduct Act 2001, the CMC operates on three major ‘fronts’:

    • fighting major crime • raising public sector integrity • protecting witnesses.

    The CMC has a major role to improve the integrity of the public sector and to reduce the incidence of official misconduct in the Queensland public sector. In collaboration with government departments, the CMC handles any serious concerns Queenslanders may have about the misconduct of public officials.

    The CMC is not a court but can refer matters to the Director of Public Prosecutions with a view to criminal prosecution, or to the appropriate chief executive officer to consider disciplinary action. The CMC can also charge officers with official misconduct in a Misconduct Tribunal.

    The role of Human Resources and Ethical Standards is to liaise with the CMC on matters relating to possible official misconduct reported from within the department.

    When a person within the department becomes aware of possible official misconduct or a criminal offence, the CMC must be notified through the manager of the Human Resources and Ethical Standards Branch. The CMC will assess the matter and decide whether to deal with it or alternatively refer it back to the department to deal with.

    The CMC may also refer matters to the Human Resources and Ethical Standards Branch from: • complaints made by the public • information from whistle blowers, anonymous sources or newspaper articles • their own activities or intelligence sources.

    Many matters come from chief executive officers of public sector agencies who have a statutory obligation to inform the CMC of any suspected official misconduct occurring in their own agency or department. The Crime and Misconduct Act 2001 requires the CMC to refer the matter to the appropriate department, wherever possible.

    Introduction July 2013 Page 14

  • Resources

    Departmental resources • Adoption Act 2009 • Child Protection Act 1999 • Child Protection Regulation 2011 • Children and Young People’s Participation Strategy • Code of Conduct for the Queensland Public Service • Information Coordination Meetings (ICM) and the Suspected Child Abuse and Neglect

    (SCAN) Team System Manual • Listening, hearing and acting: Approaches to the participation of children and young

    people in decision making • Multicultural Action Plan • Practice paper: Working with Aboriginal and Torres Strait Islander people • Practice paper: Working with people from culturally and linguistically diverse backgrounds • Practice resource: Developing a cultural support plan for an Aboriginal or Torres Strait

    Islander child • Practice resource: Legislative provisions in relation to Aboriginal and Torres Strait

    Islander children and collaboration with recognised entities • Practice resource: The child placement principle • Practice resource: Working with the recognised entity • RecFind user guide • Recordkeeping: Client file procedure • Statutory delegations • Strategic Plan • Translated resources (Child Safety website)

    External resources • Childrens Court Act 1992 • Commission for Children and Young People and Child Guardian • Community Visitors Publications • CREATE Foundation • Crime and Misconduct Commission • Director of Public Prosecutions • Ethnic Communities Council of Queensland • Family Services Act 1987 • Financial Accountability Act 2009 • Public Sector Ethics Act 1994 • Public Service Act 2008 • Queensland Aboriginal and Torres Strait Islander Child Protection Peak

    Introduction July 2013 Page 15

  • • Queensland Civil and Administrative Tribunal • Queensland Legislation • Queensland Multicultural Resource Directory • Secretariat of National Aboriginal and Islander Child Care (SNAICC) • United Nations Convention on the Rights of the Child

    Introduction July 2013 Page 16

  • How to use the Child Safety Practice Manual

    The Child Safety Practice Manual is one of a set of ‘authority documents’ that collectively make up the policy and procedural documentation for child protection within the Department of Communities, Child Safety and Disability Services (the department). The purpose of the practice manual is to facilitate standardised practice across the state. In addition, the practice manual:

    • guides and informs ‘frontline’ child protection practice across the child protection continuum

    • outlines the roles and responsibilities of departmental staff in the delivery of statutory child protection services

    • advises staff of their statutory obligations to promote the safety and well-being of Queensland children and young people, specifically those at risk of harm.

    The other components of the ‘authority documents’ are: • legislation • policy statements • other departmental manuals and resources • inter-agency agreements, memorandums of understanding and protocols.

    Structure of the manual The CSPM is structured into the following seven sections: 1. Introduction 2. Practice framework and maps 3. Chapters 4. Practice papers 5. Resources 6. Structured Decision Making 7. Quicklinks

    1. Introduction The introduction outlines a range of information that relates to the work and obligations of the department, under the following headings:

    • The Department of Communities, Child Safety and Disability Services • Relevant legislation • Other key documents • Child safety service centres: staff roles and responsibilities • Framework for the participation of children and young people in decision-making • Respecting diversity • Recognised entities • Delegations • Accountability for children in Queensland

    How to use the Child Safety Practice Manual July 2013 Page 17

  • 2. Practice framework and maps This section contains the Child Safety practice framework and information about integrating and understanding the framework, along with a set of Practice maps that represent the phases and tasks of child protection intervention. The following legend contains a list of the elements represented in each map.

    3. Chapters There are 10 chapters containing topic specific procedures that span the chid protection continuum. Each chapter is organised under the following structure:

    • Overview: accessed when you click on the chapter, which includes: • Purpose - of the chapter and the specific area of child protection intervention. • Key steps - the overarching key steps for undertaking that phase or content area of

    child protection intervention. • Standards - the key actions that must occur as part of the phase. • Practice skills - critical areas for reflection by staff when undertaking the steps. • Authority - the legislative authority for action by the department.

    • Key steps - which contains the procedural information and content for each step in the chapter.

    • What ifs - these are located at the end of the chapter and are procedures for matters related to a child protection phase, but that may not relate to all cases, and are used when relevant. They are numbered from most common to least common.

    • Resources: which are broken down into: • Forms and templates - forms, templates and standard letters that are used by staff

    in their day-to-day work. • Departmental resources – additional information to inform practice and procedures

    and assist staff to understand their role, for example, practice papers, practice resources, information brochures, fact sheets and guides.

    • External resources - information provided to staff from our partners and other external sources and websites.

    4. Practice papers Practice papers provide additional and more in-depth information about critical areas of child protection practice.

    5. Resources All resources that are linked in each chapter and throughout the CSPM are located here under chapter headings.

    6. SDM The section provides information and resources to support the use of Structured Decision Making assessments in child protection practice, which aim to provide consistency and validity in assessment and decision-making processes.

    How to use the Child Safety Practice Manual July 2013 Page 18

  • 7. Quick links The quick links include:

    • Acronyms: definitions of acronyms and abbreviations used throughout the manual • Glossary of terms: definitions of child protection terms used throughout the manual • How to use the practice manual: this document • Previous versions: available for download as PDF documents • Printable versions: versions of each release of the CSPM are available as PDF

    documents • Updates: outlines the updates made to the manual in each release.

    How to use the Child Safety Practice Manual July 2013 Page 19

  • Practice framework and maps

    Child Safety practice framework

    The Child Safety practice framework, which was introduced in August 2008, is a way of integrating the various elements of our practice with children and families into a conceptual map, and is a tool to assist practitioners to understand what informs their work and to integrate their knowledge and skills within the organisational content.

    The practice framework is supported by the explanatory text, Integrating and understanding the practice framework, which provides additional information and guidance to staff in understanding and applying the practice framework

    Practice framework and maps July 2013 Page 20

  • Practice framework and maps July 2013 Page 21

  • Practice framework and maps July 2013 Page 22

  • Integrating and understanding the practice framework

    The practice framework was developed by reviewing current research and through extensive consultation across the department. The practice framework integrates the elements of child protection practice into a congruent set of practice principles, defines the parameters and focus of our work and identifies the practice skills that are required to bring about positive change in the lives of the children and families we work with.

    Importantly it helps us to integrate our knowledge and skills within an organisational context and can support us to be able to articulate why we do what we do and for what outcomes.

    In the child protection field there are many competing demands. Without a clear practice framework, we can respond to emerging issues in a reactive way and find it difficult to establish the focus and direction for our assessment and intervention across the child protection continuum. Developing our professional knowledge and expertise is an ongoing task as child protection practitioners. No matter how experienced we are, to be effective in our roles we need to continue to reflect on and build our professional knowledge and practice skills, in order to deliver clear knowledge-guided practice (Osmond 2005).

    Outcome-focused The cornerstone of the practice framework is an outcomes focus, which is central to effective statutory child protection practice (Tilbury et al. 2007; Wilson 2005). The department provides intervention to secure children’s immediate safety as a priority. It also provides tertiary (Tomison & Poole 2000) level prevention activities targeting children, where harm or the risk of harm has been identified, with the aim of preventing a recurrence. Securing a child’s safety in the medium and long-term also requires proactive attention to their well-being (physical, emotional and intellectual development). A determined focus on strengthening the way families function, to increase their capacity to meet the safety and well-being needs of their children, is vital in securing children’s ongoing safety. When children are placed in out-of-home care, we also facilitate and monitor the development of a network of supports that can enable carers to meet the placement needs of the children they care for.

    Professional judgement Professional judgement strongly supports an outcomes focus. Professional discretion, within a broader framework of legislation, policy and guidelines, is required to respond to the unique family and carer contexts within which a child’s needs must be assessed and addressed. Establishing an appropriate balance between professional judgment and standardised procedures in child protection is highly challenging. Our legislative mandate is provided by the Child Protection Act 1999. The Child Safety Practice Manual and Structured Decision Making tools provide procedures and practice guidelines to support the implementation of the Child Protection Act 1999, and other relevant legislation. They also promote consistency in practice and decision-making. The application of professional judgement enables us to apply these procedures and tools appropriately to many different child and family circumstances.

    The practice framework has four key elements - principles, professional knowledge, values/ethics and practice skills.

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  • Principles The principles that underpin this practice framework are derived from the Child Protection Act 1999 and the ‘United Nation’s Convention on the Rights of the Child’. These principles underpin every decision and action that we take.

    In a context where adults can have divergent and often conflicting views and needs, child-centred practice invites us to place the child’s best interests at the centre of our reflections, assessment and intervention. Implicit in this is listening to children, seeking to understand their point of view and involving them in planning and decision-making about their own lives. This is also about considering a child’s long-term interests and how our planning and intervention today can contribute to a secure and confident adulthood. Skills for independence, a sense of security and belonging and a network of social support have been identified as critical for successful transition from care (Cashmore & Paxton 2006; Stein 2006; Tilbury et al. 2007). Thus, a long-term child-centred focus is vital in supporting young people to successfully transition from care.

    Family focused practice recognises the central role that family members play in ensuring the safety and well-being of their children and is active in strengthening and supporting family members to provide this. A family focus is essential in a context where the vast majority of children who receive interventions are living with their family and most children who enter care eventually return home (Bullock, Little & Milham 1993, Wulczyn 2004). Involvement in the child protection system can be highly stigmatising. Parents need support to rebuild their confidence (Farmer 1997). Inherent in this is the need to be persistent in engaging the participation of families in planning and decision-making (Thoburn, Lewis & Shemmings 1995; Thoburn1999).

    Culturally responsive practice values cultural differences, seeks to become culturally informed and to demonstrate this in action. This includes addressing potential barriers to relationship building and engagement and seeking the advice and assistance of people knowledgeable in relation to the culture and language spoken. Culturally responsive practice seeks to assure the safety and well-being of children, while recognising that cultural diversity may be reflected in differences in the concept of family, child rearing and parenting practices.

    In a context where Indigenous children continue to be significantly over-represented in the child protection system, it is critical to acknowledge that the impact of past government policies, particularly in relation to the removal of Indigenous children, is strongly reflected in the disadvantage experienced by Aboriginal and Torres Strait Islander people today. As practitioners we need to be sensitive to this history, focus on building trust and rapport with Indigenous families and communities and seek to address the underlying causes of social disadvantage.

    Collaborative practice recognises that child protection intervention is undertaken within a network of government, non-government and other community supports and services. No single agency or individual can meet the many needs that children and families present. This requires diverse expertise, skills and knowledge from a number of personnel across a range of agencies. Collaboration in this context means valuing other perspectives, having a willingness to learn from the practice knowledge of others, respecting professional differences and prioritising the time to plan together. This is also about finding a common focus around the best interests of the child and identifying what each of us can bring to the table to support children’s safety and well-being.

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  • The practice framework provides a series of questions to guide us in reflecting on whether these principles are embedded in our interactions, assessment and intervention.

    Professional knowledge The professional knowledge component in this practice framework draws on Drury-Hudson’s (1997) model of professional knowledge which categorises knowledge forms into a number of areas. The model acknowledges that information from a range of sources influences and informs professional judgement decisions. Drawing on information from across a range of knowledge sources can act to strengthen the quality of decision-making and intervention. By consciously exploring each of the highlighted knowledge domains, we can avoid the inherent dangers of relying on a limited range of knowledge sources to inform our decision-making and intervention (Drury-Hudson 1997).

    Being able to identify and clearly articulate the sources of knowledge that have been drawn on when using our professional judgement, assists us in making explicit to others the rationale for our decisions, which is critical to accountability and transparency. Research indicates that although families may not always agree with our decisions they are more likely to engage and work with us when they clearly understand the reasons for our involvement (Mackinnon 1998). Use of the different sources of knowledge can be balanced when workers are able to recognise the strengths and limitations of each source of knowledge and understand how they augment each other (Hersey 2007). A key example is that departmental procedures, which are a component of organisational knowledge, focus on ‘what’ to do but workers critically need to draw on their interpersonal and cognitive reasoning skills to effectively implement the procedures in a way that delivers responsive client services.

    Organisational knowledge, including departmental policy documents, the Child Safety Practice Manual and Structured Decision Making tools, identify how our legislation can be embedded in service delivery. They play an important role in promoting accountable service delivery through establishing the required standards of practice and promoting consistency of practice between various work units. They can also help to mitigate the potential risks faced by inexperienced child protection staff responding to highly sensitive case matters. It is important that we develop a strong working understanding of the implications of this organisational knowledge for our specific roles.

    Theoretical knowledge uses established and emerging theories to seek to understand or make sense of what we experience or observe. Theories can assist practitioners to make predictions, develop hypotheses, explain what is being observed and identify new ways to intervene in a complex situation (Tilbury et al. 2007). There are many theories that have relevance and applicability to child protection practice. These theories have been variously categorised, including: psychological; sociological; multi-dimensional; and client theories (Tilbury et al. 2007). Client theories evolve from the collaborative theorising between a practitioner and his or her client. The various theories all have their strengths, weaknesses and limitations to how they might be usefully applied. We need to critically consider the theories that might best inform our particular practice circumstance.

    Research or empirical knowledge is drawn from the current and emerging research base for practice. Research findings can provide important guidance across a wide range of areas

    Practice framework and maps July 2013 Page 25

  • relevant to our practice including what interventions might be expected to be most effective in particular circumstances. It is vital to incorporate research knowledge in our interventions if we are to maximise the potential impact of our efforts for improved child outcomes. Research findings can be found in a range of sources, including conferences, in journals and in practice papers. Practitioners can also engage in research in the field, particularly through action learning and research processes. It is important to take the time to consider the research base for our practice and allow it to inform our assessment and intervention. Our Child Safety Practice Manual and Structured Decision Making tools are strongly informed by research knowledge and seek to embed this evidence base into our daily practice.

    Personal knowledge is derived from our personal experiences and background, and it can include our intuition or common sense. It can also be our knowledge of family networks and community dynamics derived from our experience of living in a particular community (Hersey 2007). It can be our cultural knowledge developed from being born and raised in a particular cultural group. Our personal knowledge is often significant to decisions but may remain tacit or unstated. It is important to explicitly explore and acknowledge the role our personal knowledge might play in our decision-making.

    Practice experience/wisdom is knowledge gained through child protection practice experience. These are the insights and working knowledge that we gain on the job in our interactions with children, young people, families and carers. This might be case specific knowledge gained over time working with a particular child and family. They can also be insights gained from working with a number of children or families in similar circumstances. Our colleagues, within and outside the department, can be an important source of practice wisdom.

    In this practice framework, user knowledge has been included in recognition of the importance of listening to the children, families and carers with whom we work on a daily basis (Pawson et al. 2003). As service recipients, they are the experts in how our service is experienced and can provide valuable insights in how we might strengthen the effectiveness of what we do.

    Values/ethics Four core values guide our practice. The child’s best interests are paramount. We strive to provide accountable practice demonstrated in integrity, authenticity and the appropriate use of authority. Our interactions with others are respectful, seeking to build effective working relationships with children, young people, their families and carers, our colleagues within the department and our community and government partners. We strive for excellence through a process of continuous improvement in the quality of the services we provide. This requires an ongoing commitment to the processes of professional development and workplace learning as we strive to build our skills and knowledge to deliver effective services. In addition, the value of social justice recognises that many of the children and families who come into the child protection system do so because of their social disadvantage. Effectively addressing child protection requires a broad societal focus on prevention and early intervention and attention to the underlying factors that contribute to disadvantage. Social justice is about treating others fairly and equitably, supporting them to access available resources and supports and enabling their participation in decisions that affect them.

    Practice framework and maps July 2013 Page 26

  • Practice skills It is through our skills that we demonstrate our practice principles, professional knowledge and values. Our skills translate our Child Safety Practice Manual and Structured Decision Making tools into effective interventions that can make a positive difference for children and young people. The practice framework highlights a number of skill areas that are fundamental to our practice:

    • responsive client service • high level interpersonal skills • respectful engagement • quality recording • tenacious case work • sound and transparent decision-making • cultural respect • effective change facilitation • critical reflection • holistic assessment and critical analysis.

    It is important to proactively build our skills in these and other areas to increase our ability to effectively intervene in the lives of children and families to support positive change.

    Supervision and integrated practice Supervision is an important tool for supporting us to integrate all of the elements of the framework - principles, professional knowledge, values/ethics and skills - into a sound and coherent approach to practice. Supervision can occur in a number of ways:

    • Formal scheduled supervision is planned and occurs on a one-to-one basis with a supervisor and a supervisee.

    • Unscheduled supervision is unplanned and occurs when the supervisee consults with the supervisor as questions arise, plans change or urgent decisions need to be made.

    • Direct supervision is where the supervisor observes and/or participates in direct service activities with the supervisee and gives feedback about the activity.

    • Group supervision is a group work process which provides opportunities for learning and the development of quality practice. Group supervision is most productive when it is planned, structured and child-focused.

    • External supervision is provided by a person external to the department who is a competent supervisor with child protection and/or human services practice experience.

    These different types of supervision all provide opportunity to reflect on our specific role and how we might apply our practice framework to best contribute to improved outcomes. They can help us to apply our principles, develop our knowledge, explore and challenge our values and build our skills.

    Practice framework and maps July 2013 Page 27

  • Reference list Bullock, R, Little, M, & Milham, S, 1993, Going home, Aldershot, Dartmouth.

    Cashmore, J & Paxton, M 2006, 'Predicting after-care outcomes: the importance of "felt" security', Child and Family Social Work, vol. 11, no. 3, pp. 232-241.

    Drury-Hudson J 1997, 'A model of professional knowledge for social work', Australian Social Work, vol. 50, no. 3, pp. 35-44.

    Farmer, E 1997, 'Protection and child welfare: striking the balance', in N Parton (ed.), Child protection and family support, Routledge, London, pp. 146-164.

    Hersey, B 2007, 'Building knowledge for out-of-home care policy and practice', paper presented at the eleventh Australasian Conference on Child Abuse and Neglect, Gold Coast, 30 October – 2 November.

    Mackinnon, L 1998, Trust and betrayal in the treatment of child abuse, Guilford Publications, New York.

    Osmond, J 2005, 'The knowledge spectrum: a framework for teaching knowledge and its use in social work practice', British Journal of Social Work, vol. 35, pp. 881-900.

    Pawson, R, Boaz, A, Greyson, L, Long, A & Barnes, C 2003, 'Types and quality of social care knowledge. Stage two: towards the quality assessment of social care knowledge', ESRC UK Centre for Evidence Based Policy and Practice, London.

    Stein, M 2006, 'Research review: young people leaving care', Child and Family Social Work, vol. 11, no. 3, pp. 273-279.

    Tilbury, C, Osmond, J, Wilson, S & Clark, J 2007, Good practice in child protection, Pearson Education Australia, Frenchs Forest.

    Tomison, AM & Poole, L 2000, Preventing child abuse and neglect: findings from an Australian audit of prevention programs, National Child Protection Clearinghouse, Melbourne.

    Wilson S 2005, 'Proactively managing for outcomes: developing and initiating a model for managing area offices in statutory child protection', University of Queensland, Brisbane.

    Wulczyn F 2004, 'Family reunification', The Future of Children: Children, Families and Foster Care, vol. 14(1), pp. 95-113.

    Practice framework and maps July 2013 Page 28

  • Practice maps

    The following six practice maps are a visual representation of the phases and tasks of child protection intervention.

    • Child protection phases • Intake phase • Investigation and assessment phase • Ongoing intervention – Support service case • Ongoing intervention – Child in need of protection • Standard of care reviews and harm reports

    Legend

    Each map contains a legend that identifies the elements represented in each map.

    Map element

    Description

    Tasks are activities undertaken at defined points in a phase. An example of a task in the intake phase is gathering information.

    A decision point within a phase. An example of a decision would be ‘Is this matter a notification? - ‘Yes’ or ‘No’.

    Documentation of the tasks and decisions that are completed within a phase. An example of documentation at intake is a child concern report.

    An action or outcome from a decision point that may lead to another phase. An example is when a notification is recorded and the response is to proceed to the investigation and assessment phase.

    A structured decision making tool, that guides decision-making. An example is the screening criteria tool.

    Practice framework and maps July 2013 Page 29

  • Contents

    Child protection phases ............................................................................................................. 31

    Intake phase ............................................................................................................................. 32

    Investigation and assessment phase ......................................................................................... 33

    Ongoing intervention – support service cases ........................................................................... 34

    Ongoing intervention – child in need of protection ..................................................................... 35

    Standard of care reviews and harm reports ............................................................................... 36

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  • Child protection phases

    Practice framework and maps July 2013 Page 31

  • Intake phase

    Practice framework and maps July 2013 Page 32

  • Investigation and assessment phase

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  • Ongoing intervention – Support service cases

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  • Ongoing intervention – Child in need of protection

    (excluding long-term guardianship orders to any party).

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  • Standard of care reviews and harm reports

    Practice framework and maps July 2013 Page 36

  • Chapter 1. Intake

    Purpose

    The department has a legislative responsibility to respond to information received about harm or risk of harm to a child, or an unborn child who may be at risk of harm after he or she is born. The purpose of intake is to receive information about child protection concerns from government and non-government agencies, other service providers and community members, provide a response to the information in accordance with the responsibilities of the department, inform the community about the role of the department and provide information about child protection services.

    Key steps

    1. Gather information about the child and family 2. Assess the information and decide the response 3. Record the outcome and provide to the relevant CSSC or RIS 4. Provide relevant intake information to external agencies

    What ifs - responding to specific intake matters

    Standards

    8. The intake response considers the safety, well-being and best interests of the child as paramount.

    9. All notifiers are treated professionally and with respect. 10. Information is systematically gathered and analysed with decision-making guided by the

    structured decision making assessments. 11. Child protection history checks are conducted and assessed prior to the decision about the

    response by the department. 12. Action is taken to identify the cultural identity of all clients. 13. The recognised entity is given a meaningful opportunity to participate in the decision about

    whether concerns for an Aboriginal or Torres Strait Islander child are recorded as a notification.

    14. Any suspected criminal offence in relation to alleged harm to a child is reported immediately to the QPS regardless of the decision about the intake response.

    15. The information received at intake is recorded in ICMS in a timely manner. 16. A clear rationale for the intake decision is provided to government and non-government

    agencies in accordance with procedural requirements.

    Chapter 1 Intake July 2013 Page 37

  • Practice skills (Key areas for reflection)

    • Did I engage well with the notifier and would they feel confident to re-contact the department in the future?

    • Did I clarify information with the notifier to make sure I clearly understood their concerns? • Did I gather all the information possible about the child, their family and other household

    members? • Have I integrated all of the information gathered and critically analysed all the risk and

    protective factors when deciding whether there is a reasonable suspicion that a child is in need of protection?

    • Is my assessment of the intake information holistic, has it considered cumulative harm and is it focused on the child’s safety and well-being?

    • Have I considered what supports can be provided to this child and family? • Did I effectively consult with other departmental staff to expedite the transfer of the intake

    matter to the relevant team?

    Authority

    • Child Protection Act 1999, section 6-11, 14, 21, 21A, 22, 95, 122, 159M, 159O and 186 • Communities Policy: Recordkeeping • Policy No. 385: Child concern report • Policy No. 391: Critical incident reporting • Policy No. 528: Intake • Policy No. 387: Notification • Policy No. 407: Structured Decision Making • Policy No. 607: Supporting children in the care of long-term guardians • Policy No. 614: Unaccompanied humanitarian minor wards – support related costs • Policy No. 613: Unaccompanied humanitarian minor wards - delegated powers and

    function of guardianship • Policy No. 610: Working with Aboriginal and Torres Strait Islander children, families and

    communities

    Chapter 1 Intake July 2013 Page 38

  • Key steps - Intake

    1. Gather information about the child and family 1.1 Gather information from the notifier 1.2 Determine if a matter is an intake enquiry 1.3 Conduct a child protection history check 1.4 Conduct a pre-notification check if required 1.5 Conduct urgent criminal and domestic violence history checks, if required

    2. Assess the information and decide the response 2.1 Consult with the recognised entity 2.2 Complete the screening criteria 2.3 Complete the response priority 2.4 Use your professional judgement 2.5 Consult with the team leader 2.6 Decide the response

    3. Record the outcome and provide to the relevant CSSC or RIS 3.1 Record intake information 3.2 Record an intake enquiry 3.3 Record a child concern report 3.4 Record a notification 3.5 Record additional notified concerns 3.6 Record an intake when there is no identifying information

    4. Provide relevant intake information to external agencies 4.1 Inform the police of possible criminal offences 4.2 Provide feedback to government and non-government agencies 4.3 Provide feedback to SCAN team core member agencies 4.4 Provide subsequent feedback following a decision to downgrade a notification

    What ifs - responding to specific intake matters 1. What if the child protection concerns are about a child in another jurisdiction? 2. What if child protection concerns are received from another jurisdiction? 3. What if Centrelink is the notifier? 4. What if there is an enquiry about becoming an approved carer? 5. What if the notifier is vexatious or malicious? 6. What if a child needs to be moved to a safe place - section 21? 7. What if the child is an unaccompanied humanitarian minor?

    Chapter 1 Intake July 2013 Page 39

  • 8. What if child protection concerns are received from the Family Court or Federal Circuit Court of Australia?

    9. What if an alert needs to be recorded in ICMS? 10. What if an intake relates to a child subject to a long-term guardianship order to a

    suitable person? 11. What if duplicate child protection concerns are received that have previously been

    recorded? 12. What if a child concern report is to be re-assessed following a decision at an ICM? 13. What if there is disagreement with a RIS intake decision? 14. What if the family resides in the south east region and is eligible for a referral to

    the family support alliance? 15. What if information is received about a child death? 16. What if concerns are received about fabricated or induced illness? 17. What if concerns are received about pool fencing? 18. What if a request for information is received from a Queensland court under the

    Domestic and Family Violence Protection Act 2012?

    Chapter 1 Intake July 2013 Page 40

  • 1. Gather information about the child and family

    1.1 Gather information from the notifier

    The quality of the decisions made during the intake phase depends on the quality of information gathered about the child or unborn child, their family and the child protection concerns. A child and their family should receive a consistent response from the department, regardless of the location.

    The RIS provides the primary intake service delivery function during business hours and CSAHSC provides the statewide after hours intake function for the department. Any person may contact the department with concerns for a child, and information can be received in person or via telephone, email, letter or fax.

    The intake officer will gather information from the notifier to assess whether a child has been harmed, is being harmed or is at risk of being harmed, and whether they have a parent able and willing to protect them. When the information relates to an unborn child, the intake decision is whether the unborn child will be at risk of harm after he or she is born.

    Any information received at intake that involves allegations of harm to a child that may involve the commission of a criminal offence relating to the child must immediately be provided to the QPS. Refer to Chapter 10.2 Statutory obligation to notify the Queensland Police Service of possible criminal offences and the practice resource Schedule of criminal offences.

    Intake information may also be received via an Electronic Transfer of Court Result report. For further information, refer to Chapter 2, 19. What if information is received via an Integrated Justice Information Strategy automated email alert? and the practice resource Receiving Integrated Justice Information Strategy email alert information.

    The confidentiality of a person recorded as a notifier is protected under the Child Protection Act 1999, section186, unless confidentiality exceptions apply. A notifier alleging harm or risk of harm to a child or unborn child, if acting honestly, is also protected from liability under the Child Protection Act 1999, section 22. Provide information about these legislative provisions to the notifier. For further information refer to the practice resource Notifiers and mandatory notifiers.

    To assist with the recording of information at the time of talking to a notifier, use either the Intake template - electronic or the Intake template - handwritten. Note: These forms are for the initial recording of information only, and must not be used as an alternative to recording child protection concerns in ICMS. All information must be subsequently recorded in ICMS and handwritten notes stored in relation to record-keeping procedures.

    A notifier should not be transferred from one RIS to another RIS or a CSSC. The intake officer who receives the child protection concerns is responsible for taking and recording the information, deciding the response and seeking approval from the team leader. When talking to the notifier, refer to the Intake prompt sheet and the practice resource Information gathering guide and:

    • ascertain whether they are a mandatory notifier, refer to the practice resource Notifiers and mandatory notifiers

    Chapter 1 Intake July 2013 Page 41

  • • record details of the notifier and how they may be contacted, where the notifier is willing to provide this information

    • advise the notifier that under the Child Protection Act 1999, section 186, a notifier’s identity can not be disclosed unless confidentiality exceptions apply

    • obtain accurate identifying information about the subject child, family and household members and other relevant persons, including given names, surnames, aliases, nicknames, ages and dates of birth, gender, cultural identity, Indigenous status, addresses and relationships

    • ask questions of the notifier to determine if any other child or unborn child in the home, not identified as a subject child, may also have been harmed or be at risk of harm and therefore should be recorded as a subject child

    • use your knowledge of the information gathering guide and the screening criteria and response priority definitions to guide the discussion with the notifier

    • obtain details of the concerns and the contextual situation for the child, including risk and protective factors relating to the child, the parent, the harm and the environment

    • clearly identify risk factors commonly contributing to harm to very young children, who have greater levels of vulnerability.

    When concerns are received for both a child and their adolescent parent, record two intake events, one with the adolescent parent as a subject child and one with their child as a subject child. A parent and their child cannot be subject children in the same intake event. In this circumstance, two intake events are required to assess the specific protection and care needs of each individual subject child. For further information refer to Chapter 2, 3.2 Determine whether the child is in need of protection.

    For further information, refer to the resource Physical and Cognitive Developmental Milestones and the practice resources Communicating with the notifier, The role of the CSO at intake and Regional intake services workflow.

    When the notifier is from a government or non-government agency: • ask the notifier if they require feedback about the intake response decision by the

    department, refer to 4.2 Provide feedback to government and non-government agencies • determine the notifier's role as a service provider to the child and family, the extent and

    nature of any current or previous intervention with the family and whether there are particular considerations that need to be taken into account if the department intervenes

    • ascertain whether the notifier has informed the child or family that a report has been, or is to be, made to the department.

    Respond to a notifier in contact with a CSSC While the RIS provides the primary intake function for the department, a person may contact a CSSC to provide concerns about a child. To progress a timely response to this information, obtain basic details to ascertain if the information is an intake matter.

    The CSSC will undertake all intake procedures when: • a child or young person presents at the CSSC

    Chapter 1 Intake July 2013 Page 42

  • • new child protection concerns are received regarding a current case, including an open investigation and assessment, concerns for an unborn child and concerns received about the care of a child in out-of-home care

    • a departmental officer is advised of new child protection concerns about another family when they are undertaking casework or an investigation and assessment in the community.

    For all other matters, respond in one of the following ways: • engage and support a notifier who presents at the CSSC and provide them opportunity

    and privacy to contact the RIS directly, prior to leaving the CSSC • forward all intake telephone calls to the RIS, irrespective of whether the person is from

    the community or a government or non-government agency, using warm telephone transfer where possible

    • electronically scan incoming intake-related letters and faxes, email the information to the RIS via the RIS team mailbox and file the original documents at the CSSC.

    Receive concerns about a child subject to ongoing intervention When child protection concerns are received about a child subject to ongoing intervention, take action to ensure the child’s immediate safety and determine the most appropriate response. For further information, refer to Chapter 3, 2. What if new child protection concerns are received?

    Receive concerns about a child in out-of-home care Where concerns are received by the CSSC about the quality of care provided to a child, or about harm to a child in out-of-home care, refer to Chapter 9. Standards of care.

    When the information is received by the RIS, record a case note in the placement event in ICMS and telephone the relevant CSSC team leader.

    Where the CSAHSC receives the concerns, the CSAHSC will assess the concerns and decide the response. The CSAHSC will advise the relevant CSSC team leader of the concerns and transfer the standard of care review or harm report to the pending allocation tray of the relevant CSSC.

    The CSSC will complete all other tasks and provide feedback to the notifier where relevant. For further information refer to Chapter 9. Standards of care.

    Receive information about a child death When information is received about a child death, gather sufficient information to determine the most appropriate intake response. For further information, refer to 15. What if the information is about a child death?

    Receive information about fabricated or induced illness When information is received about fabricated or induced illness, refer to 16. What if concerns are received about fabricated or induced illness?

    Chapter 1 Intake July 2013 Page 43

  • Receive information from the Family Court or Federal Circuit Court of Australia When a Form 4 Notice of Child Abuse, Family Violence or Risk of Family Violence or a Notification under section 67ZA Family Law Act 1975 is received from the Family Court or Federal Circuit Court of Australia, refer to 8. What if child protection concerns are received from the Family Court or Federal Circuit Court of Australia?

    Receive a request for information from a Queensland court When a request for information is received from a Queensland court under the Domestic and Family Violence Protection Act 2012, Report to the Court pursuant to section 55, refer to 18. What if a request is received from a Queensland court under the Domestic and Family Violence Protection Act 2012?

    Unaccompanied humanitarian minors When the information received from the notifier refers to a child who is an unaccompanied humanitarian minor (UHM), refer to 7. What if the child is an unaccompanied humanitarian minor? and the Practice guide: Unaccompanied humanitarian minor wards.

    Child subject to a long-term guardianship order to a suitable person In addition to the procedures for responding to an intake, additional requirements apply to a child subject to a long-term guardianship order to a suitable person. For further information, refer to 10. What if an intake relates to a child subject to a long-term guardianship order to a suitable person?

    Adoption enquiries When information is received or requested about adoption matters, including adoption care agreement matters, refer to Chapter 10.4 Providing adoption services and the practice resource Providing adoption services.

    If information is received which indicates that the child is part of an adoptive family, consideration should be given to contacting Adoption Services and/or the Post Adoption Support Queensland.

    1.2 Determine if a matter is an intake enquiry

    Two categories of information received at intake are recorded as an intake enquiry: 1. The first category relates to information received, or advice given, where there will be no

    further action by the department. This includes when: • information is provided in relation to a child but there are no allegations of harm or

    risk of harm

    • information is being requested in relation to child protection matters but there are no allegations of harm or risk of harm to a specific child or unborn child.

    2. The second category is information reported about alleged harm or risk of harm to a child that: • relates to extra familial abuse, where the parents are assessed as able and willing to

    protect the child - immediately provide this information to the QPS for a response (Child Protection Act 1999), section 14(2) and (3))

    • relates to a child who lives in another jurisdiction, and the information will be

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  • forwarded to that jurisdiction for the appropriate response - for further information, refer to 1. What if the child protection concerns are about a child in another jurisdiction?

    • relates to the non-accidental or suspicious death of a child where there are no siblings, or the accidental death of a child where there are no suspicious circumstances. Recording this ensures the information is available as part of the family’s child protection history. For further information refer to 15. What if information is received about a child death?

    Undertake a child protection history check, refer to 1.3 Conduct a child protection history check for all matters in the second category, to inform the assessment and determine that an intake enquiry is the appropriate response.

    For further information on recording an intake enquiry, refer to 3.2 Record an intake enquiry.

    Respond to harm by a person living outside the home The department does not automatically investigate and assess harm or risk of harm to a child if the alleged person responsible lives outside the child’s home (extra-familial abuse). The focus of the decision is on the information available to the department about the ability and willingness of the parents to act protectively towards the child.

    When making a determination about the parents ability and willingness, the following questions need to be considered:

    • Are the parents aware of the harm or risk of harm? • What is the parents protective capacity? • What is the parents response to the child, have they rejected the child or are they

    refusing to take action to ensure the child’s safety? • Do the parents support the child, believe the child or blame the child for the abuse? • Do the parents have an ongoing relationship with the alleged offender or person

    responsible that will affect their ability to protect the child? • Are the parents willing to protect the child, but not able to do so, due to factors

    impacting on their capacity to respond, for example, due to addiction or psychiatric illness, disability or fear of the alleged person responsible?

    • Are the parents willing to protect the child, but not able to do so because of parent/adolescent conflict?

    • Are the parents willing to protect the child, but not able to do so because of existing Family Court of Australia parenting orders?

    While the department responds to alleged harm or risk of harm to a chi