4.1 Ongoing intervention and case planning: an overview
Purpose
This procedure outlines the process for undertaking ongoing intervention with a child and family, following the completion of an investigation and assessment.
Authority
- Child Protection Act 1999, section 5(e)(iii), 51A-Y and part 3A
Determining the need for ongoing intervention
Following the completion of an investigation and assessment, a decision will be made about the need for departmental intervention to provide support and assistance to the family to reduce risk to a child, or intervention to ensure that the child's protection and care needs are met.
In making the decision about the type of ongoing intervention, the following factors will be taken into consideration:
- the assessed level of risk for the child (this will include the outcome of the most recent safety assessment and family risk evaluation);
- whether the child has been assessed as being in need of protection; and
- whether the parents are able and willing to work with the department to meet the child's protection and care needs.
There are three types of ongoing intervention cases:
- support service cases;
- intervention with parental agreement; and
- intervention with a child protection order.
There are situations where a child can be subject to a child protection order, for example a directive order, and intervention with parental agreement at the same time. This can be recorded in the case management form in ICMS.
Ongoing intervention for a child in need of protection must be undertaken in accordance with legislative requirements (Child Protection Act 1999, part 3A) and will occur through a process of assessment, planning, implementation and review.
The involvement of parents and children in decision-making
When making decisions about ongoing intervention, the department will uphold the rights of parents to be involved in every stage of decision-making concerning their child (Child Protection Act 1999, section 5(2)(d)(iii) and 51G(b)). The only circumstances where it may not be possible for parents to actively participate in decision-making, include:
- when the parents involvement in decision-making poses a risk to the child's emotional or physical safety;
- when the parents may be unable to contribute to the decision-making process for the child, for example, due to intoxification or psychiatric illness.
In these situations, parents are entitled to full information and as much involvement as is appropriate in other decisions about their child.
The department will also ensure that the child has the opportunity to participate in decisions relating to their own protection (Child Protection Act 1999, section 5(2)(d)(iii), 51G(ii) and 51ZB). Consideration will be given to the ability of the child to understand and their capacity to participate in such decisions.
Ongoing intervention - with parental consent
Where possible, preference is to be given to working with families without the use of a child protection order. This will occur when the family agrees to work with the department to reduce the likelihood of further harm, and a child protection order is not required to secure the child's safety. This can occur either through a support service case, or through an intervention with parental agreement case.
If a child is assessed as being in need of protection, regardless of the outcome of the family risk evaluation, the department has a statutory responsibility to provide ongoing intervention to the family to ensure the child's protection and care needs are met. This will occur either as an intervention with parental agreement case or as a child protection order case. If this cannot occur with parental agreement then a child protection order may be required.
Support service
When the child is assessed as not being in need of protection, the department will undertake ongoing intervention with the family by way of a support service case. A support service case is appropriate when it is determined that:
- a child is not in need of protection, however, the outcome of the family risk evaluation tool is 'high' or 'very high'; or
- it is considered necessary to provide support to a pregnant woman prior to the birth of a child, to address the protection needs of an unborn child after he or she is born; or
- a young person transitioning from care requires ongoing support and assistance following their eighteenth birthday.
In the first two circumstances above, the CSO will make every effort to engage the family or pregnant woman, however, cannot take further action if the parent/s or pregnant woman refuse the intervention.
Intervention with parental agreement
Intervention with parental agreement is generally of a short-term and intensive nature, and it is usual for the child to remain in the home during the intervention. Intervention that exceeds 12 months requires CSSC manager approval. An intervention with parental agreement case is appropriate when:
- a child is assessed as being in need of protection (regardless of the outcome of the family risk evaluation); and
- the child's views and wishes have been ascertained; and
- the family's willingness to adhere to the case plan means the child can safely remain in the home; and
- the parent, who is identified as a person responsible for the harm to the child, acknowledges their role in the harm to the child and is able and willing to cooperate with the department; or
- the parents have agreed to an out-of-home care placement for the child.
Intervention with parental agreement is not appropriate when:
- there are serious risks associated with the parent/s ability to agree to the intervention, for example, serious and persistent substance misuse or a current psychiatric illness;
- there are serious risks associated with the parent/s ability to adhere to the case plan, for example, a high degree of mobility or an inability or unwillingness to work with the department or a community organisation; or
- the parent/s failure to adhere to the case plan would place the child at risk of harm.
Intervention with a child protection order
Intervention with a child protection order is appropriate when:
- the child is assessed as being in need of protection; and
- the protection and care needs of a child cannot be met by the use of intervention with parental agreement.
In this circumstance, an application will be made to the Childrens Court for the child protection order which most appropriately meets the needs of the child.
When an out-of-home care placement is required for a child, a child protection order granting custody or guardianship to the chief executive should only be made when any of the following apply:
- when a safety assessment has an outcome of 'unsafe' for a child;
- the child's protection and care needs cannot adequately be met by the sole use of non-departmental services, or intervention with parental agreement;
- removal from home is necessary to protect the child;
- the use of a planned placement under a care agreement is inappropriate;
- the family is uncooperative and will not participate in any case plan that offers protection to the child; or
- a parent responsible for harm to the child has access to the child and is unwilling to participate in the case plan (when they fail to accept the fact that their actions were harmful to the child).
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A supervision or directive child protection order may be appropriate when an out-of-home care placement is not required to secure the child's safety.
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Case planning
When a decision has been made that there will be ongoing intervention with a child in need of protection, a case plan will be developed to address the child's protection and care needs (Child Protection Act 1999, section 51A-Y). The case plan will be developed in an inclusive and participative process with the child, the child's family and other significant people. The case plan will provide a clear statement about why the child is in need of protection and the roles and responsibilities of all participants in addressing the child's protection and care needs. The initial case plan for a child will be developed at a family group meeting.
There are four stages in the ongoing intervention with a child and family:
- assessment;
- planning;
- implementation; and
- review.
A parent for the purpose of case planning refers to 'the child's mother, father or someone else' (other than the chief executive) having or exercising parental responsibility for the child. For Aboriginal or Torres Strait Islanders the definition would include family members who may have been given cultural responsibility to care for the child (Child Protection Act 1999, section 11).
A recognised entity must be given the opportunity to participate in the decision-making process for an Aboriginal or Torres Strait Islander child.
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Assessment
Prior to developing a case plan, the CSO will undertake a further assessment of the child, the child's family and the family environment, to inform and prepare for a family group meeting. To do this, the CSO will engage with relevant people to gather information, complete the child and parental strengths and needs assessments, identify the child's protection and care needs and explore service options to address the identified needs. This is an opportunity to build rapport, gain an understanding of the child and family context, identify the significant people and support networks for the family and consider all relevant information prior to the case planning process.
The CSO must participate in case supervision with their team leader in this process and determine the department's position with regard to case planning. A family group meeting referral and other relevant information must be provided to the convenor of the family group meeting in a timely manner. The key information gathered and recorded is:
- the 'approved' investigation and assessment;
- the completed child and parental strengths and needs assessments;
- the department's position (or minimum requirement for what is needed to meet the child's protection and care needs); and
- information about service providers that may meet the child and parental needs.
The convenor may request additional information from the CSO during the assessment and planning stages to ensure that the participants at the family group meeting are well prepared and able to consider all relevant information.
Planning
The department will develop a case plan for any child assessed to be in need of protection and must convene a family group meeting to develop the plan (Child Protection Act 1999, section 51A-T). The case plan is a written document that identifies the goal of the ongoing intervention and the outcomes and actions required to achieve the goal. Case planning is a process of planning strategies to address a child's protection and care needs and promote a child's well-being. It is a cyclical and participative process. The family group meeting to develop the case plan will be held within 30 days of the decision being made that a child is in need of protection.
The family group meeting brings together those who know the child and family best, and other relevant persons and agencies, such as a recognised entity for an Aboriginal or Torres Strait Islander child. It provides an opportunity to develop the case plan for a child that is needs-based and holistic, and builds on the strengths and resources within the child's family group, cultural community and wider community. Case planning is about mapping a way forward for a child. Case plans must be goal directed and clearly identify matters, such as outcomes, key actions and how the progress of the plan will be measured. The Childrens Court cannot grant a final child protection order unless an appropriate case plan has been prepared for a child.
Implementation
Implementation includes all of the activities undertaken by the CSO on a day-to-day basis, to achieve the goal and outcomes of the case plan and manage the department's intervention with the child and their family. Where the department is responsible for implementing the case plan, the key activities include referrals to, and liaison with, service providers, organising and assessing family contact, direct case work with the child and the parent/s, undertaking the practical tasks associated with the case plan and facilitating change through relationships with all parties. Where a child is in the custody or guardianship of the chief executive, the CSO will be responsible for a range of activities consistent with the custody or guardianship role, including working with carers and maintaining the child's cultural links.
Review
Review is a process of reviewing the existing a case plan, and developing a new case plan, based on an up-to-date assessment of the progress made toward the case plan goal and a reassessment of risk, safety, strengths and needs. The review process will include the completion of the relevant structured decision making tools that guide the assessment and decision-making about ongoing intervention with the child and family. The review process is a participative one that must involve the child, the child's family and other significant or relevant persons and service providers, including a recognised entity. A family group meeting may be held in some circumstances, but is not required for the case plan review. The review of a case plan must occur at least once every six months (Child Protection Act 1999, section 51V(3). The outcome of a case plan review process is a completed review report and a new case plan.
Case planning timeframes
Following the decision that a child is in 'need of protection' and ongoing intervention is required, the following timeframes apply:
- the matter will be referred to a family group meeting convenor immediately;
- the investigation and assessment will be completed (including 'approval' by a team leader) within seven days of the referral to the family group meeting convenor;
- a copy of the completed investigation and assessment will be provided to the family group meeting convenor immediately it is completed;
- a family group meeting to develop a case plan will be held within 30 days of the decision that a child is in need of protection; and
- the completed case plan for a child will be endorsed by a team leader within seven days.
Case plans are to be regularly reviewed. When deciding when, or how often to review the case plan, the following factors are to be taken into account:
- the child's age and developmental needs;
- the provisions of the case plan;
- any change that has a significant impact on the direction of the case plan.
As a minimum the case plan must be reviewed every six months.
A child's needs for permanency, stability and continuity of relationships must be prioritised throughout the cycle of assessment, planning, implementation and review. Where the case plan goal is reunification, the planning and review process must assess any risks that the child will not be able to return to the care of a parent in a timely way. They must also include strategies to address these risks and progress planning for long-term out-of-home care arrangements for the child which can and will apply if the child cannot be safely reunified with the parent. Decisions about reunification and permanency will be guided by the family reunification assessment tool.
Reunification
The welfare and best interests of the child is the paramount consideration in any decision-making about a child (Child Protection Act 1999, section 5). Reunification with family is the preferred permanency outcome for children placed in out-of-home care, however, in circumstances where there is a conflict between the welfare and best interests of the child and the interests of an adult caring for the child, the conflict must be resolved in favour of the child.
The CSO will implement the following requirements to reduce the level of risk to a child placed in out-of-home care:
- a decision not to reunify a child with their parent/s will be made when the child's
parent/s present with convictions for certain criminal offences (see 'List of Criminal Offences Preventing Reunification'
) ; and - consideration of the ongoing substance testing of parents, following the reunification of a child in out-of-home care, where there has been serious and persistent substance misuse by parents, contributing to a child being in need of protection.
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- Last updated
- 28 April 2008
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