10.3 Unborn children - ongoing intervention after an investigation and assessment
Purpose
This procedure outlines the process for ongoing intervention after the completion of an investigation and assessment in relation to an unborn child.
Authority
- Child Protection Act 1999, section 21A, 22 and 159(O)
Introduction
In circumstances where it is assessed that an unborn child will be in need protection after birth, the purpose of ongoing intervention is to offer help and support to the pregnant woman and pregnant woman, and where relevant, her partner and/or the father of the unborn child , to increase their capacity to protect the child at birth.
Any intervention by the department must not interfere with the pregnant woman's rights and liberties and can only occur with the consent of the pregnant woman.
Ongoing intervention - with consent
Ongoing intervention with a pregnant woman will focus on the protective needs the unborn child will have after birth and interventions aimed at reducing the risks to the child. This involves providing, or helping provide, preventative and support services to the pregnant woman, and where relevant, her partner and/or the father of the unborn child. Case work with the pregnant woman will be open and transparent.
This ongoing intervention will occur as a support service case. For the case management requirements for support service cases, refer to Chapter 5: Intervention with parental consent.
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When a support service case is opened, the CSO will:
- Develop a support plan with the pregnant woman, and where relevant, her partner and/or the father of the unborn child.
- Attach the support plan to the ongoing intervention event in ICMS.
- Complete and forward an 'HRA form 1'
to the hospital/s where the pregnant woman is likely to give birth if immediate notification of the birth is necessary to ensure the child's safety (refer to Queensland Health 'List of Maternity Hospitals and Nominated Positions'). - Attach the 'HRA Form 1' to the 'ongoing intervention' event in ICMS.
- Commence planning for departmental intervention following the birth, if required.
- Review the support plan with the pregnant woman, if the case is open longer than three months prior to the birth.
The key steps for responding to concerns for an unborn child are summarised in the 'Unborn Child Checklist'.
If, during ongoing intervention, a pregnant woman informs the CSO that she is considering the child's adoption, the CSO will contact Adoption Services Queensland to assist with case planning, where appropriate.
When consent is not given for ongoing intervention
When it has been assessed that the child will be in need of protection after he or she is born and the pregnant woman does not consent to intervention with a support service case, no ongoing intervention can occur.
Following the woman's refusal to participate in a support service case, the CSO will complete the following steps:
- Make every effort (including sending a follow up letter) to alert the pregnant woman to the potential risks identified to her unborn child after birth and to provide information about support services to assist her family prior to the birth of her child.
- Inform the pregnant woman that a new notification will be recorded when the child is born and further investigation and assessment of the child's protective needs will occur. The CSO will also explain that such intervention may involve the use of court orders. However, this information must not be provided to the pregnant woman when it is assessed that, by providing this information, the child may be placed at further risk after his or her birth.
- Record an 'unborn child alert' on the person records of the mother and the unborn child.
- Complete and forward:
- an 'HRA Form 1: Unborn child high risk alert: Request for immediate notification when pregnant women presents for delivery' (HRA Form 1) to the hospital/s where the pregnant woman is likely to give birth (refer to Queensland Health 'List of Maternity Hospitals and Nominated Positions'); and/or
- a letter to the private or interstate hospital/s where the pregnant woman is likely to give birth.
- an 'HRA Form 1: Unborn child high risk alert: Request for immediate notification when pregnant women presents for delivery'
- Attach the 'HRA Form 1' to the 'investigation and assessment' event in ICMS.
- Consider whether a referral to the SCAN AM Team is warranted, or if the case is open to the SCAN System, update the SCAN AM Team.
- Provide the Child Safety After Hours Service Centre with a 'Child Safety After Hours Service Centre: After hours referral form' and any additional relevant information, including a copy of the HRA Form 1.
- Recontact the pregnant woman's medical practitioner (if known) to:
- discuss the concerns identified;
- request that information be shared with relevant health professionals such as the midwife or social work services; and
- ask that the department be advised of the birth of the child.
When notified of the birth, the CSO will record a new notification documenting the birth and the mother's previous refusal to work with the department prior to the birth.
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Actions required when intervention is required after the birth of a child
A new notification will be recorded if further child protection concerns are received at the time of the birth that have not previously been investigated and assessed.
Planning the post-birth intervention
In circumstances where it is assessed that departmental intervention will be required after the birth of the child, planning for the intervention will occur as part of support planning and review with the pregnant woman. This includes the decision about the type of departmental intervention that will best meet the child's needs (intervention with parental agreement or a child protection order). This requires the completion of a review of the support plan in the four week period prior to the estimated date of delivery. This will ensure there is a current assessment of the unborn child's protective needs after birth, to inform departmental decision-making.
In some circumstances, however, a decision may be made not to inform the pregnant woman of planned departmental intervention, if it is assessed that to do so would place the child at further risk after his or her birth. For example, where there is a high likelihood that if told about the department's plan to apply for a child protection order, the pregnant woman will relocate to avoid intervention at that time.
The team leader is responsible for the decision not to inform the pregnant woman of planned departmental intervention and for recording the rationale and date of the decision in a case note in the ongoing intervention event in ICMS.
Intervention with parental agreement
When at the time of the child's birth ongoing intervention is occurring with a woman via a support service case and ongoing intervention is to continue after the birth, with the parent/s agreement, the CSO will:
- close the support service case;
- open an intervention with parental agreement case;
- commence case planning for the child.
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Intervention with a child protection order
When an application for a child protection order is planned, a new notification must be recorded and assessed at the time of the child's birth and court action commenced. For further information about decision-making in relation to child protection orders, refer to Chapter 6: Intervention with a child protection order.
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- Last updated
- 30 April 2009
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