What ifs - responding to specific case planning and review matters
1. What if an initial case plan is developed without a family group meeting?
If it was not possible to convene a family group meeting or if participants were unable to reach agreement, a case plan can be developed by Child Safety Services, in accordance with the Child Protection Act 1999, section 51(s). In these circumstances, obtain the views of the following people:
- the child, unless it would be inappropriate because of their age or ability to understand
- the child's parents
- other members of the child's family group who are considered likely to make a useful contribution
- other significant people for the child for example, a foster carer
- any legal representative for the child
- a recognised entity for an Aboriginal or Torres Strait Islander child
- a relevant service provider
- anyone else considered likely to make a useful contribution to the plan.
Prepare a case plan that best meets the child's protection and care needs taking into consideration:
- the participants views
- information obtained through the assessment process about risks to the child
- the child and parental strength and needs assessments.
Record the case plan in ICMS and submit it to the team leader for endorsement within 7 days of completion.
Record why a family group meeting was not held
Where the case plan has been developed without a family group meeting and an application for a child protection order is made, the court must be provided with evidence in affidavit material about why the case plan was developed in this way. The court must be satisfied that it was not possible to convene a meeting within the terms of the Child Protection Act 1999, section 51S(2) and that all steps were taken by Child Safety Services to convene a meeting in compliance with the Child Protection Act 1999, chapter 2, part 3A. A lack of time and resources will not be sufficient criteria to meet this threshold.
2. What if parents are unwilling to engage in case planning?
In circumstances where parents resist involvement or try to sabotage case planning and review processes. To help engage the parent:
- communicate openly and clearly in a respectful, empathic and genuine manner
- communicate a commitment to achieving a positive outcome for the child and the parent
- acknowledge the involuntary nature of Child Safety Services' involvement, where appropriate
- explain the purpose of the case plan and emphasise the importance of the parents involvement
- identify and address any fears the parents may have.
Where this is not successful, consider engaging the parent through:
- a support person, who will assist the parents in the process
- a community agency worker, who may be able to assist Child Safety Services by gathering information to inform the case planning or review process.
When parents refuse to be involved in the process, the parental strengths and needs assessment will still be completed by gathering information from the following sources:
- other people who know the parents
- Child Safety Services' records about any previous contact with the parents.
3. What if people are excluded from attending and participating in a family group meeting?
Under the Child Protection Act 1999, section 51L(4) and 51W, a person who should be given the opportunity to attend the family group meeting, may be excluded by the convenor, when the person's participation and attendance:
- would not be in a child's best interests
- would be contrary to the purposes of the meeting.
Reasons to exclude a person may include:
- a risk of harm to the child or another person attending the family group meeting
- a history of domestic violence where a participant may be too intimidated to express their views if the perpetrator is present
- a participant has a mental illness or substance misuse issues, that will disrupt the family group meeting so that it will be unable to function
- which will disrupt the family group meeting so that it will be unable to function
- the presence of a participant is likely to pose a psychological and emotional risk to the child's well-being and ability to participate in the meeting.
The decision to exclude should be exercised rarely, and only after strategies to avoid excluding have been considered in consultation with the team leader and the CSO with case responsibility. The convenor cannot exclude the child, a CSO, a recognised entity representative or a child's legal representative.
4. What if the case plan cannot be endorsed?
If the case plan developed is considered impractical or not in the child's best interests (Child Protection Act 1999, section 51R) the case plan will not be endorsed. In this circumstance, either:
- reconvene the family group meeting and involve people from the previous meeting
- hold another family group meeting, involving a different mix of people from those involved in the meeting that developed the original plan
- amend the original case plan in ICMS and submit it to the team leader for endorsement.
Amend the case plan
If a case plan cannot be endorsed, it can be amended under the following conditions:
- within seven days after the case planning meeting at which the original plan was developed
- only to the extent necessary to ensure the case plan is practicable and in the child's best interests
- after consultation with the convenor if the family group meeting was convened by a private convenor.
If the decision is made to amend the case plan, provide each person who was at the family group meeting at which the original plan was developed, written notice of the amendment and the reasons for the amendment.
It is the role of Child Safety Services to make decisions about amendments to a case plan. When case plans are submitted to the Childrens Court, it is the role of the court to ensure the case plan is appropriate for meeting the child's protection and care needs.
5. What if an application for a child protection order is filed with the Childrens Court without a case plan?
If an application for a child protection order must be made before a family group meeting has been held, file the application with the affidavit and other supporting evidence addressing the following:
- the attempts that have been made to develop or review the case plan
- the child's assessed protection and care needs.
The court may then adjourn proceedings under the Child Protection Act 1999, section 67, and either:
- make an interim order granting temporary custody of the child to the chief executive or a suitable person who is a member of the child's family
- make directions about a parents contact with the child
- order that a family group meeting be convened to develop the case plan and that the plan be filed in court (Child Protection Act 1999, section 68(1)(d)(i)).
Note: the court cannot make an interim order for a supervision order.
6. What if a reunification assessment is required when parents live in another jurisdiction?
When requesting an assessment for the purpose of reunifying a child subject to a Queensland child protection order, with a parent who resides in another jurisdiction:
- ensure that the parent is aware of the intended assessment and is willing to participate in the assessment process
- undertake a criminal history check of the parent and any other adult household member, if required, in accordance with usual arrangements with the QPS
- undertake interstate child protection checks of the parent and any other adult household member, if required, in accordance with usual arrangements with DMS
- contact the Interstate Liaison Officer (ILO) at Court Service Unit and request a 'Reunification Assessment Request' template
- complete the 'Reunification Assessment Request' and provide appropriate supporting documentation, for example, medical and psychologist reports on the child and parent
- have the request signed by the CSO with case responsibility and the team leader
- fax or post all relevant documentation to the ILO at Court Services Unit.
- Last updated
- 9 June 2009
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