7.1 Providing out-of-home care as part of an integrated child protection response
Purpose
This procedure outlines the process for providing out-of-home care to a child as part of an integrated child protection response.
Authority
- Child Protection Act 1999, section 5, 6, 7, 10, 12, 13, chapter 2, part 3A, 64, 65, 73, 74, 75, 82, 83, 83A, 84, 85, 86, 87, 88, 195, 122, chapter 5A, part 1 and 2
- Child Protection Regulations 2000
- Policy No. 344-1: Placement and support packages for children and young people in alternative care
- Policy No. 317-1: The provision of information to the carers of children and young people in alternative care
- Policy No. 295-3: Complaints management policy and procedures
- Policy No. 395-1: Administrative access to child safety records
Out-of-home care
Out-of-home care is used as part of the department's integrated child protection response, when it is assessed that the separation of a child from their family is required to ensure the child's safety. Out-of-home care may be provided during the investigation and assessment or ongoing intervention phases of child protection, to work towards either reunification of the family or long-term stable care for the child. Out-of-home care is a means to provide a safe, supportive and therapeutic environment for children subject to statutory child protection intervention.
Out-of-home care should not be used if less disruptive strategies can resolve the child's need for protection. These out-of-home care procedures apply to all children subject to statutory intervention who are placed in an out-of-home care placement, either:
- under a care agreement with the parent/s agreement; or
- use of an assessment or child protection order granting custody or guardianship of a child under the Child Protection Act 1999.
All children in out-of home care must have an allocated CSO, who is to:
- ensure effective, ongoing assessment, planning, implementation and review in accordance with case management requirements; and
- participate in joint planning processes to negotiate responsibility for casework tasks with other persons or agencies, based on the case plan goal and outcomes.
For children subject to child protection orders granting long-term guardianship to a suitable person, the CSO with case responsibility is to provide case management in accordance with the child's legal status.
Provision of out-of-home care
Out-of-home care, as part of an integrated child protection response, involves the department working with children, their families, carers, licensed care service or another entity, to ensure the protection and care needs of children are met.
Children
For a child in an out-of-home care placement, the department must ensure:
- that paramount consideration is given to the welfare and best interests of the child, including their right to protection from harm;
- that, in deciding in whose care the child should be placed, proper consideration must be given to placing the child, as a first option, with kin;
- that the recognised entity is given an opportunity to participate in the decision-making process for 'significant decisions' about an Aboriginal or Torres Strait Islander child;
- that actions taken maintain family relationships and the child's connection with their community;
- that actions taken support the child's individual rights and ethnic, religious and cultural identity or values;
- that, as far as possible, siblings are placed together;
- that children are informed of the charter of rights for a child in care (Child Protection Act 1999, schedule 1) and its effect;
- that consideration is given to the views of the child (taking into account the child's age and ability to understand) and they are consulted about the decisions affecting their life;
- timely and accurate information provision with respect to matters and decisions affecting the child's life and accessing applicable review mechanisms, including the Children Services Tribunal, the departmental complaints system and the Commission for Children and Young People and Child Guardian's (the Commission) complaints unit;
- that placement and support responses take into account the child's age and developmental level, and the preference for a family-based option for a child under 12 years;
- the child's right to long-term out-of-home care, in circumstances where they do not have a parent able and willing to provide ongoing protection; and
- that, in protecting the child, the department does not take action that is unwarranted in the circumstances.
Children's families
Families have the primary responsibility for the upbringing, protection and development of their children (Child Protection Act 1999, section 5(2)). When working with the family of a child in out-of-home care, the department must ensure:
- that preference is given to ensuring the child's well-being through the support of the child's family;
- that the views of the child's family are considered and the child's parents have the opportunity to take part in making decisions affecting their lives; and
- timely and accurate information provision with respect to matters and decisions affecting the child's life and accessing applicable review mechanisms, including the Children Services Tribunal, the departmental complaints system and the Commission's complaints unit.
Carers, licensed care service or another entity
When working with carers, licensed care service or another entity, the department must ensure:
- the promotion of a partnership between the department and carers that recognises the integral part played by carers, licensed care service or another entity in caring for children under the Child Protection Act 1999;
- coordinated decision-making and the delivery of services to children and families, in order to appropriately and effectively meet the protection and care needs of children;
- timely, accurate and ongoing information provision necessary for carers, licensed care services or another entity providing out-of-home care, and for ensuring the safety of the child, the carer, other members of the carer's household and staff of a licensed care service or another entity; and
- the opportunity for carers, licensed care service or another entity to participate in, and seek review of, departmental decisions and actions that have implications for their day-to-day lives, or the services they provide.
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Placement of children in out-of-home care
Preferred placement and support strategies are those that are:
- the most culturally, age and developmentally appropriate;
- the least disruptive to the child, their siblings and family, sustain a connection with family and community and give priority to maintaining the child in the same geographic area;
- able to meet the physical, social, and emotional needs of the child, provide stability and achieve the case planning goal and outcomes; and
- effective and efficient in the use of resources, targeting the intensity of support with the child's needs.
When matching a child to a placement, consideration must be given to the needs of existing children that may be already in the placement. For example, the number, ages and support needs of children in the placement and the possible impact of the added demands of caring for another child must be taken into consideration. The assessment of the appropriateness of the placement must also take into consideration feedback from the foster and kinship care service and/or, the CSO who supports the carer and the CSO with case responsibility for any children currently in the placement. Where the placement is physically located in a geographic area covered by another CSSC, the CSSC manager with responsibility for that area (or for the carer) must be consulted, prior to a placement occurring.
The Aboriginal and Torres Strait Islander child placement principle
The child and their family's culture and community must be considered when making all placement decisions. Adherence to the child placement principle as it applies to Aboriginal and Torres Strait Islander children is critical to the process of making a placement for these children. The Child Protection Act 1999, section 83, identifies a hierarchy of preferred placement options and the requirements that must be met when it is not possible to place a child within the hierarchy.
Before placing the child in the care of a family member or other person who is not an Aboriginal person or Torres Strait Islander, proper consideration must be given to whether the person is committed to:
- facilitating contact between the child and their parents and other family members, subject to any limitations on the contact under the Child Protection Act 1999, section 87;
- helping the child to maintain contact with their community or language group;
- helping the child maintain a connection with their Aboriginal or Torres Strait Islander culture; and
- preserving and enhancing the child's sense of Aboriginal or Torres Strait Islander identity.
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Case responsibility
Due to the statutory nature of child protection intervention, the department has case responsibility in all cases where a child is placed in out-of-home care, however, the level of responsibility is determined by the legal status of the child.
To achieve effective intervention, ongoing assessment, planning, implementation and review must occur in accordance with departmental requirements. Responsibility for case work tasks, may at times, be undertaken by other agencies, based on the goal and outcomes of the case plan and as negotiated in joint planning processes.
Focused case planning and integrated service provision enables timely determination about whether the child's need for safe and long-term care is to be met by reunification, or through the use of long-term stable out-of-home care. If the goal oriented case planning process determines that the child's safety and well-being cannot be met at home, case planning will focus on long-term out-of-home care for the child, and consideration must be given to the most appropriate child protection order to achieve this.
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The ongoing planning process also includes the maintenance of positive family contact and attempts to resolve issues that impact upon this. Where possible, the family will continue to be involved, along with the child's carer, in planning about the child.
The conduct of family group meetings, within the context of case planning procedures, will ensure the development of a case plan that:
- facilitates the provision of family-based responses to the child's protection and care needs, wherever possible;
- uses resources and supports (for example, primary and respite carer options) available within the child's family and community; and
- maintains the child's safety and well-being.
Processes underpinning the use of out-of-home care
The following processes underpin the use of out-of-home care:
- assessment of the child's protection and care needs;
- participative decision-making of the child, their family, carers and agencies, both government and community services, involved in service provision;
- case planning that establishes a clear goal and outcomes for intervention, strategies to achieve the goal and outcomes and the roles and responsibilities of service providers for case work tasks;
- matching the placement and support services to the child's needs;
- ongoing assessment, planning, implementation and review;
- information provision with respect to matters and decisions affecting the child's life; and
- information provision about accessing applicable review mechanisms.
The processes underpinning the use of out-of-home care are to be:
- conducted in a way that recognises and promotes partnership between the department, community sector agencies providing placement and support services, foster and kinship carers and families (as outlined in the 'Statement of Commitment between the Department of Child Safety, foster care services and the carers of Queensland);
- reflected in local protocols or agreements between agencies and CSSCs, which guide processes such as referral;
- responsive to both the needs of the child requiring a placement and any other child currently in the placement; and
- implemented on an ongoing basis within the following phases:
- pre-placement;
- placement and support; and
- post-placement.
Pre-placement phase
During the pre-placement phase the CSO will:
- identify, as a first option, placement options within the child's kinship network;
- identify placement and support options within the child's community;
- give priority to maintaining the child in the same geographic area;
- identify placement options for Aboriginal or Torres Strait Islander children in accordance with the child placement principle;
- ensure the recognised entity is given the opportunity to participate in decision-making about a suitable placement and supports for an Aboriginal or Torres Strait Islander child;
- match the child to a care environment that provides the level of support able to meet their assessed protection and care needs;
- consider the needs of existing children that may be already in the placement (the number, ages and support needs of the other children);
- consider the additional demands that may be placed on the carer (for example, the number of children under the age of five);
- ensure that non-family based or residential placements are targeted and time limited, so that as far as practicable, children experience 'family like' care environments and resource intensive service models are used effectively and efficiently;
- prepare a submission seeking approval for funding through PASP, for children who are unable to be matched within the existing service delivery system;
- prepare the child, their family, kinship or foster carers and/or workers supporting the care environment for the commencement of the placement, focusing on:
- providing information to the child and their family;
- providing carers and workers with information about the child's needs based on the completion of the child strengths and needs assessment tool and other assessments and interviews; and
- the conduct of pre-placement visits between the child and the future carer/s, where possible.
The assessment of the appropriateness of the placement must also take into consideration feedback from the foster and kinship care service and/or the CSO who supports the carer and the CSO with case responsibility for any children currently in the placement. Where the placement is physically located in a geographical area covered by another CSSC, the CSSC manager with responsibility for that area (or the carer) must be consulted, prior to a placement occurring.
In situations when a child is moved from their parents in an emergency situation and requires an immediate placement, the above steps may not be able to be completed prior to the placement, but will guide the process. Where placement with an approved carer or licensed care service is not possible or in the child's best interests, the CSO will need to refer to the process for provisional approval of a carer.
If the child is of school age the CSO is to contact the school to alert them to the child's care status, to allow the Education Support Planning process to commence where required within the required four week timeframe.
Placement and support phase
During the placement and support phase the CSO will:
- maintain a clear focus on the case plan goal and outcomes for both the child and their family, and the out-of-home care placement;
- maintain regular contact with the child in their care environment;
- continue to support the child's need for safe long-term care and assess whether this is best met by reunification with their family, or through the use of long-term stable out-of-home care;
- achieve the case planning goal and outcomes through:
- casework with the child and their family;
- support of the out-of-home care placement; and
- use of other child protection services such as assessment and therapeutic services;
- for young people aged 15 to 17 years, include transition from care as a component of their case planning;
- ensure that the physical, social, emotional, cultural and educational needs of children are met in quality care environments that are consistent with legislated and policy requirements;
- provide support services, such as respite and counselling, to ensure the care environment is stable and has the capacity to respond flexibly to the child's changing needs (eligibility for high support needs allowance and child related costs is to be considered in the development of the placement agreement);
- assess and monitor that the intervention strategies are achieving positive outcomes for the child and their family, working towards the case plan goal;
- prepare the child for their transition from the placement, including the following case
plan considerations:
- reunification with family;
- an appropriate alternative long-term care environment;
- remaining in the current care environment with a change of goals and timeframes for the placement, as reflected in any revised placement agreement;
- an independent or semi-supported living situation, if the young person is 15 to 17 years of age and has sufficient living skills to safely sustain such an arrangement;
- a less intensive care environment in the case of children placed in intensive support care arrangements, particularly non-family based care; and
- whether a review of the existing child protection order is required;
- include in ongoing planning, the maintenance of:
- positive family contact and where possible, the resolution of issues that impact upon this;
- the child's connection with their family and community; and
- involvement with the child and where possible, their family and foster or kinship carer.
Post-placement phase
Following the placement phase the CSO will:
- ensure access to the necessary supports to maintain the child safely at home, where the child is returned to the parent/s care, or in their transition to an independent living situation (including links to community support agencies);
- monitor that the child's protection needs are being met;
- clarify any ongoing contact or respite arrangements between the child and their family and the approved carer and/or workers who have supported the placement;
- review the case plan for the child, at least every six months, using the relevant assessment and decision-making tools, to determine whether ongoing intervention is required to meet the child's protection and care needs; and
- in relation to approved carers, discuss the outcomes of the placement, including:
- identified strengths demonstrated in managing the placement;
- learning and support needs for future placements; and
- if required, vary the foster carer agreement, based on the experience gained through the placement.
The CSO is to ensure that these procedures are:
- implemented in a way that recognises and promotes the partnership between the department and the non-government organisations providing placement and support services, approved carers and families;
- reflected in local protocols or agreements between agencies and CSSCs, which guide processes such as referral; and
- implemented on an ongoing basis within the pre-placement, placement and support and post-placement phases.
- Last updated
- 3 November 2008



