16.5 Youth justice clients subject to a child protection order granting custody or guardianship
Purpose
This procedure outlines the process for implementing ongoing intervention when a child is subject to a child protection order granting custody or guardianship and youth justice intervention by Communities.
Authority
- Policy No. 29-3: Health and well-being: suicide risk alert system
- Policy No. 344-1: Placement and support packages (PASPs) for children and young people in alternative care
Introduction
This procedure applies to a child subject to youth justice intervention by Communities and one of the following child protection orders under the Child Protection Act 1999:
- an interim child protection order granting custody to the chief executive or a kinship carer;
- short-term custody to the chief executive;
- short-term custody to a relative;
- short-term guardianship to the chief executive; or
- long-term guardianship to the chief executive.
This procedure does not apply to a child subject to a child protection order granting long-term guardianship to a relative or another suitable person under the Child Protection Act 1999.
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Intervention with child protection orders granting custody, short-term guardianship, or long-term guardianship to the chief executive
The nature of the child protection order granted under the Child Protection Act 1999 will determine who has custody and guardianship rights and responsibilities for the child.
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Requirements for the CSO to ensure service delivery coordination
In addition to relevant procedures in Chapter 4: Ongoing intervention and Chapter 7: Children in out-of-home care, when a child is subject to a youth justice intervention and one of the specifi ed child protection order, the CSO will:
- inform the child, their parents and the child's foster carer (or licensed care service staff) of the legal obligation for the CSO to liaise with Communities, to fulfi l service delivery coordination and information exchange requirements (for the duration of the ongoing intervention or until the youth justice order expires);
- ensure that the youth justice case worker and associated agencies are involved in, and given appropriate notice of meetings, to allow their participation in the development and review of the child's case plan;
- where Communities involvement is not possible, obtain relevant information and feedback for discussion and consideration in the development or review of the case plan;
- obtain relevant information from the youth justice case worker and related agencies, for discussion and possible inclusion in the development of the case plan, where relevant Communities staff are unable to attend a family group meeting;
- maintain contact with the child's youth justice case worker and associated agencies involved in the implementation of the case plan, in order to:
- coordinate activities to achieve the goals of the case plan;
- obtain information that will inform the child and parental strengths and needs assessments;
- inform the youth justice case worker of any critical incident or alert recorded by the department in relation to the child or family;
- ensure that custody and guardianship matters relating to the child are decided in accordance with the departmental practice guidelines and procedures;
- inform the department's monitoring of the child's ongoing safety and well-being;
- provide relevant information about the child to the youth justice case worker, including advice of:
- any change of address for the child and/or the child's carer;
- an illness and/or hospitalisation preventing the child from complying with the conditions of their youth justice order; and
- actions taken by the child which appear to be inconsistent with the requirements of their youth justice order;
- obtain relevant information from Communities about the child's progress in accordance with the youth justice case plan, including:
- compliance with the conditions of the youth justice order; and
- the effectiveness of interventions and strategies being undertaken with the child to address their offending behaviours/associated support needs, possible strategies for addressing factors contributing towards non-compliance and each agencies' role in this regard where non-compliance is an issue for the child and family; and
- inform the youth justice case worker and associated agencies of the child's return home (where applicable) and case closure by the department.
Where a youth justice case worker directly participates in the development or review of the case plan, and/or has responsibility for the implementation of certain components of the case plan, the CSO is to provide the child's youth justice case worker with a written copy of the case plan.
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The role of parents, family and other persons of significance to the child
The CSO for the child is responsible for engaging the child's parents, family members and other persons of signifi cance to the child in all case work activities, in accordance with participation and information provision requirements under the Child Protection Act 1999.
If, under the child protection order, parents retain guardianship responsibilities for their child, the CSO is to encourage the parents to:
- participate in all youth justice case planning and review/progress meetings specific to the child's youth justice order/program;
- participate in youth justice court proceedings; and
- consider the child's views and best interests.
Where guardianship is granted to the chief executive, the department will consult with Communities about relevant persons to attend youth justice reviews and meetings. Although the department has guardianship of the child, it is still appropriate to encourage or facilitate the parent/s involvement in youth justice processes, unless such involvement would impact on the child's safety or well-being.
CSO participation in youth justice case planning and review processes
When a child is subject to one of the specified child protection orders and youth justice intervention, the CSO for the child must participate in:
- the child's youth justice conference (in the role of parent);
- the initial interview and final review held by Communities with a child in relation to a probation or community service order;
- the child's initial conditional bail meeting and fi nal review;
- the first and final review of the child's intensive supervision order;
- where the child is subject to a detention order or remanded in custody in a detention centre:
- the initial secure care planning meeting;
- reviews of secure care plans; and
- the supervised release order planning meeting for detention orders (held before the child's release from detention);
- the first and final review of the child's conditional release order;
- the first and final review of the child's supervised release order; and
- at least one progress review a month, in relation to:
- conditional bail;
- an intensive supervision order; and
- a conditional release order.
The frequency of CSO participation in progress reviews will be determined on a case by case basis, in consultation with the team leader and, where possible, documented in the departmental case plan.
Where a child protection order grants short-term custody to a kinship carer under the Child Protection Act 1999, the kinship carer is required to participate in youth justice meetings and reviews (along with the CSO), to the extent that the child's parents would otherwise attend.
Where the child is subject to a child protection order granting guardianship to the chief executive, the CSO is required to attend all meetings and reviews that the parent would usually attend under the Juvenile Justice Act 1992.
Should a CSO not be able to attend any of the above meetings or reviews, the CSO is to seek advice from their team leader or manager and make other appropriate arrangements, for example, another departmental offi cer already known to the child might be able to attend on behalf of the CSO. The CSO is to advise the youth justice case worker of the person attending on behalf of the CSO.
In circumstances where the CSO or another departmental offi cer is unable to attend the specifi ed meetings or reviews, the CSO must provide relevant information to the youth justice case worker prior to the meeting (for their consideration and possible discussion during the meeting). The CSO is also to document on the child's file their inability to attend and the reason, including details of arrangements made and other actions taken.
Where possible and appropriate to the child's needs, the CSO for the child may also attend warning meetings undertaken by Communities with respect to the child's non-compliance with a youth justice order.
CSO and kinship carer attendance at youth justice court proceedings
If a child on one of the specified child protection orders is to appear before a court in relation to an alleged offence, the CSO is to attend all youth justice court proceedings (in the role of the child's parent). In addition, where a kinship carer has been granted short-term custody of the child or custody under an interim order, the kinship carer must attend the child's youth justice court proceedings. This requirement continues until such time as the order expires.
The youth justice case worker retains responsibility for representing the chief executive, Communities, in youth justice court proceedings.
Where the child is to appear before a court in relation to an alleged offence, the CSO will:
- attend all youth justice court proceedings; and
- undertake those responsibilities usually fulfilled by the child's parents, including:
- transporting the child to and from court;
- supporting the child throughout the proceedings;
- participating in interviews with legal representatives and Communities' staff, as required;
- providing information to the court as appropriate;
- responding to questions of the court; and
- ensuring that the child understands any court decisions and outcomes.
Where a kinship carer has custody of the child under a child protection order or under an interim order, the CSO may negotiate with them to undertake some of the above-mentioned activities, however, the CSO is responsible for ensuring that all activities are undertaken.
In circumstances where the CSO is unable to attend the youth justice court proceedings (for example, an initial court appearance following an arrest in a remote court), options such as CSO participation by teleconference are to be explored with the local court.
Where the CSO is unable to attend youth justice court proceedings and the team leader is not able to attend, the CSSC manager is responsible for identifying another departmental officer to attend the court proceedings (in the role of the child's parent).
If the departmental officer attending the youth justice court proceedings is not the child's CSO or the team leader, the team leader is responsible for ensuring that the departmental officer is provided with necessary information about the child, including:
- the type of order the child is subject to under the Child Protection Act 1999, including who has custody and guardianship rights and responsibilities for the child;
- the child's placement details, if applicable; and
- the child's case plan.
The CSO's attendance at youth justice court proceedings does not negate the legislative requirement under the Child Protection Act 1999, for the child's parents to participate (to the extent possible and practicable) in such proceedings.
A kinship carer's attendance at youth justice court proceedings (in the role of the child's parents) does not negate the requirement for the CSO to attend.
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CSO and kinship carer attendance at youth justice conferences
When a child is subject to one of the specified child protection orders, the CSO is to participate in youth justice conferences (in the role of the child's parent). In addition, where a kinship carer is granted short-term custody of the child, or custody under an interim order, the kinship carer is to participate in the youth justice conference.
The youth justice conference convenor is responsible for preparing the CSO and the kinship carer for their participation in a youth justice conference. The departmental team leader is to ensure that the CSO and kinship carer receive adequate preparation by the convenor, and may also attend the youth justice conference (along with the CSO) where:
- considered necessary based on the circumstances of the case; and
- agreed to by the convenor.
The role of foster carers/licensed care service staff
The CSO is to regularly liaise with the youth justice case worker and the child's carer, in order to:
- determine what (if any) involvement the carers are to have with respect to assisting the child to fulfil the conditions of their youth justice order;
- provide initial and ongoing information to a child's carer; and
- develop the placement agreement upon the child's placement in out-of-home care.
The CSO and youth justice case worker are to clarify their respective roles and responsibilities in relation to ongoing contact with the child's carer.
Agreed actions are to be documented by the CSO in the departmental case plan for the child, and in the placement agreement developed by the department with the carer/s.
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When a child is held in watch-house custody
When a child subject to one of the specified child protection orders is held in watch-house custody, the CSO will:
- negotiate with the youth justice case worker a joint plan for visiting and phoning the child (for the duration of their detention in watch-house custody); and
- advise the police to contact the youth justice case worker and supply them with the relevant information (where the CSO is contacted by police, prior to the police advising Communities).
A child subject to a detention order/remanded in custody
The diagram below summarises the CSOs responsibilities when a child is subject to a child protection order, and in a detention centre.
When a child is subject to one of the specified child protection orders and a detention order or is remanded in custody in a detention centre, the child has a detention centre case worker, who is responsible for overseeing the secure care plan for the child, and a youth justice case worker, who liaises with the child and their detention centre case worker (with regard to the child's progress and other related youth justice matters, such as pending youth justice court proceedings).
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Where the child in detention is subject to a child protection order granting short-term custody, the child's parents retain all guardianship responsibilities for the child. In this case, only the child's parents may make decisions about, and provide consents relating to, guardianship matters.
Where the child in detention is subject to a child protection order granting short or long-term guardianship to the chief executive, the chief executive has responsibility for making decisions about, and providing consents relating to, all guardianship matters for the child. The CSO is to ensure that detention centre staff and the youth justice case worker for the child are aware that the department has guardianship of the child and that they are informed of guardianship matters requiring a decision or consent by the CSO or other delegated departmental officer.
When a child is placed in a detention centre, the CSO will contact the detention centre and speak with the team leader, secure care unit to:
- obtain the details of the child's detention centre case worker;
- arrange an initial contact visit with a child in a detention centre;
- provide the detention centre with relevant information about the child, for example:
- the child's strengths and needs;
- family contact arrangements and contact details for persons of significance to the child;
- the child's education support plan, where applicable;
- any relevant health issues for the child; and
- issues impacting or likely to impact the child's safety or well-being (and the safety of other detention centre residents/detention centre staff).
To arrange telephone calls with the child in a detention centre, the CSO will:
- make initial arrangements with the detention centre case worker, upon the child's admission to the detention centre; and
- subsequently, ring the child directly, in accordance with the agreed arrangements during the hours nominated by the detention centre;
When arranging a visit, or telephoning the child, the CSO is to consider and, where necessary, inform the detention centre case worker, of any matters to be discussed with the child during the visit or telephone call, that may have a detrimental effect on the child's well-being or behaviour.
While the child is in the detention centre, the CSO is to adhere to relevant practice guidelines and procedures and will:
- maintain contact with the child, by phone and in person (where geographically possible);
- maintain contact with the child's family and if applicable, the child's carer;
- arrange all visits with the child through the detention centre case worker;
- liaise with the detention centre case worker and the youth justice case worker (as negotiated during the initial secure care planning meeting for the child and subsequent secure care plan reviews) to monitor the child's ongoing progress;
- attend youth justice court appearances for the child;
- attend to any issues as requested by detention centre staff or the youth justice case worker; and
- participate in planning and preparations for the child's transition from:
- detention (if applicable); and/or
- being a child in care (if applicable).
The detention centre case worker is primarily responsible for the case work undertaken with the child during the period of detention and the extent and nature of CSO contact with the child during this time will not be as frequent or intensive as that for a child residing in an out-of-home care placement in the general community. CSO contact only needs to occur to the extent that the abovementioned requirements are fulfilled.
When a child has a planned release date from the detention centre:
- the Health Centre will complete a medical discharge summary and:
- provide a copy to the child;
- inform the department of any relevant information or pending medical appointments for the child; and
- provide the CSSC with any medical scripts that need to be filled for a child; and
- the educational transition officer will work with the child to assist their transition to:
- another school environment;
- TAFE Queensland; or
- employment.
Prior to, and upon the release of the child from the detention centre, the CSO will:
- liaise will the detention centre case worker to:
- ensure that the child is aware of the plan for their release;
- determine whether there is any medical information or appointments they need to be aware of; and
- access relevant information in relation to the child's future education or employment plans;
- liaise with the child's youth justice case worker to:
- ensure the responsibilities agreed to by both the department and Communities with regard to the child's release are clear and will be actioned in a timely way;
- ensure they are aware of the requirements of the child's youth justice case plan; and
- ensure the provision of the child's basic needs, for example, accommodation, contact with family or community and education/employment;
- make contact with the child to discuss arrangements for their release;
- become actively engaged in the child's transition from the detention centre, including placement and support of the child;
- ensure the actions required under the child's existing case plan are being undertaken; and
- consider whether the child's change in circumstances is such that a review of their departmental case plan is required.
Transfers to adult correctional facilities
If a child subject to a specified child protection order and concurrent youth justice intervention is to be transferred to an adult correctional facility, preparation for the transfer must involve:
- the CSO with case responsibility;
- the youth justice case worker; and
- detention centre staff.
Should the youth justice case worker or an employee of a detention centre hold a meeting for the purpose of planning the transfer, the CSO is to attend this meeting. If the CSO is unable to attend, the team leader or manager is responsible for making reasonable attempts for another departmental officer (who is familiar with the child) to attend on behalf of the CSO. Otherwise, necessary information must be provided to relevant detention centre staff or the youth justice case worker prior to the meeting.
Contact from a youth justice case worker
When a child is subject to concurrent intervention by the department and Communities, the child's youth justice case worker may contact the CSO in order to:
- provide information and documentation about the child to the department; or
- request information, either verbal or written, relating to the child (for example, for use in facilitating service referrals for the child or for use in court proceedings).
Where the extent and nature of information requested by the youth justice case worker is considered by the CSO to be in accordance with legislative service delivery coordination, information exchange and confidentiality provisions under the Child Protection Act 1999, the CSO will provide the information in accordance with usual case work responsibilities and processes.
The CSO will consult with their team leader or manager for the purpose of deciding how a request will be responded to when:
- the CSO is uncertain as to what form the departmental response should take, or is unable to respond to, a request initiated by Communities;
- the CSO is uncertain as to whether the provision of information requested by Communities is necessary or warranted under the Child Protection Act 1999; and
- the information requested by Communities appears to require the provision of an extensive level of, or significantly detailed, information.
Should a youth justice case worker request a copy of existing departmental documents or reports, other than a copy of the support plan or case plan relating to the child, the CSO is to request that the youth justice case worker put their request in writing to the CSSC manager (with the exception of requests for information for referrals to the Griffith Adolescent Forensic Assessment and Treatment Centre, which can be made verbally).
Costs to be met by the department requiring approval prior to Communities' submission to a court
Where a child is subject to concurrent intervention by the department and Communities, and the child's living arrangement is (or is likely to be) a component of conditional bail or a youth justice order, the program proposals and associated costs to be met by the department are to be discussed and documented by the CSO and the youth justice case worker. These nominated costs must be endorsed by the appropriate financial delegate within the department prior to any submission being made to a court by the youth justice case worker.
In these circumstances, the CSO must liaise with the youth justice case worker to:
- discuss planning programs, alternative placements (if applicable) and support options for the child;
- discuss and negotiate proposed costs to be met (pending approval) by each department;
- ensure that Communities is aware that appropriate written approval of proposed costs to be met by the department is to be sought from the departmental financial delegate, prior to any submission being made to a court in relation to the youth justice matter; and
- urgently advise whether or not proposed costs to be met by the department have been approved, to (to facilitate Communities' completion of relevant submissions to a court); and
- comply with the departmental policy and procedure with regard to any proposed placement and support package (PASP) for a child.
The approval of costs to be met by the department, for the purpose of the child's conditional bail or youth justice order, only applies up to and including the child's next youth justice court appearance. Following the child's court appearance, continuations or extensions of existing programs and associated costs require renegotiation and re-approval by the delegated departmental officer.
On rare occasions where a court orders that accommodation arrangements are to be part of conditional bail or a youth justice order, prior to the endorsement of proposed costs (see above), the requirements of the order must be implemented until such time as the condition is otherwise ordered by the court as part of a sentence review.
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- Child Safety Practice Manual
- 30 June 2007
- Last updated
- 23 April 2009
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