6.7 Long-term guardianship to a suitable person
Purpose
This procedure outlines departmental responsibilities when long-term guardianship is granted to a suitable person.
Authority
- Child Protection Act 1999, sections 5, 6, 12, 13, 63, 80, 159
- Policy 395-1: Administrative access to child safety records
Introduction
When a child protection order is made by the Childrens Court, granting long-term guardianship
to a suitable person, departmental involvement consists of the following:
- the initial provision of advice to relevant parties regarding appeal mechanisms;
- the ongoing provision of foster care allowance and any other financial supports required to meet the individual child's assessed support needs as approved by the delegated officer; and
- periodic contact with the guardian, including, where required, review of financial supports for the placement.
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Information provision about appeal rights
As soon as possible after an order granting long-term guardianship to a suitable person is made, the CSO must give the parties to the application:
- a copy of the order; and
- a written notice (refer to 'Letter advising of a long-term guardianship order'
) which:
- explains the terms and effect of the order;
- states that a party may appeal against the decision to make the order within 28 days after the order is made; and
- states how to appeal.
Financial support
During the assessment process the CSO will negotiate, and reach agreement with the proposed carer, about current ongoing child related costs and allowances, to be met by the department, should the application proceed and be granted by the Childrens Court.
The guardian of the child will continue to receive the relevant foster care allowance, including where eligible, high support needs allowance and any child related costs, as agreed by the financial delegate (CSSC manager or zonal director) until the child reaches the age of 18.
Periodic contact with the guardian
A CSO is to contact the guardian on a six monthly basis, and to record on case files the outcome of this contact, for the purpose of:
- clarifying that the child still resides with their guardian;
- ensuring that the guardian continues to meet their obligations under the Child Protection Act 1999, including (unless excepted by the Childrens Court upon the granting of the child protection order):
- telling the child's parents where the child is living;
- giving parents information about the child's care;
- providing opportunity for contact between the child and the child's parents and appropriate members of the child's family as often as is appropriate in the circumstances;
- where requested, providing appropriate referral information about the child and/or
their guardian accessing services within the community; and - if applicable, cancelling the payment of the foster care allowance or other financial assistance.
Contact by the department can occur if requested by the child or carer, where considered an appropriate response to the issue raised, for example, a child may request access to their departmental file.
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- Last updated
- 21 April 2009
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