16.3 Youth justice clients subject to investigation and assessment
Purpose
This procedure outlines the process for undertaking an investigation and assessment on a child who is also subject to 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
Planning the investigation and assessment
When undertaking planning in relation to the investigation and assessment, the CSO is required to read and become familiar with any child protection history for the child, the child's family and others living in the child's household.
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Where the departmental history check reveals current involvement by Communities, the CSO will determine the youth justice service centre with case responsibility for the child and liaise with the youth justice case worker to:
- obtain information about the extent and nature of current Communities involvement with the child and their family; and
- obtain information of relevance, or potential relevance, to the investigation and assessment, including information such as:
- personal safety issues for the CSOs;
- cultural considerations, if applicable, for the child and the family; and
- whether the child or parents were informed by the youth justice case worker (where recorded as the notifier) that a report had been made to, and recorded as a notification by, the department.
Where the departmental history check reveals no current involvement by Communities, contact with Communities is not required.
In circumstances where a Communities officer, other than the current youth justice case worker for the child, is the recorded notifier, their identity must not be disclosed to other Communities staff, in accordance with the confidentiality provisions of the Child Protection Act 1999.
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The role of a Communities support person during an investigation and assessment
The department is responsible for undertaking all investigations and assessments, however, a youth justice case worker may act as a support person for the child when:
- requested by the child or their family;
- suggested by Communities and agreed to by the child or their family; or
- the department considers it in the child's best interests for the youth justice case worker to undertake this role.
Communities role as part of a safety plan
There may also be circumstances where the youth justice case worker (or other person or agency associated with the current provision of youth justice services) may be suggested by the child or family, or identified by the CSO, as a person or agency to be potentially involved in the implementation of a safety plan (where there is an outcome of 'conditionally safe') for the child.
There may also be circumstances where the youth justice case worker (or other person or agency associated with the current provision of youth justice services) may be suggested by the child or family, or identified by the CSO, as a person or agency to be potentially involved in the implementation of a safety plan (where there is an outcome of 'conditionally safe') for the child.
Any involvement by Communities officers (or another identified person or agency) in the implementation or monitoring of a child's safety plan is to be negotiated with the relevant person or agency in accordance with applicable departmental policy and procedures.
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When current involvement by Communities is identified during the investigation and assessment
Where the departmental history check reveals no current involvement by Communities:
- the CSO may become aware of current youth justice intervention during the investigation and assessment; or
- youth justice intervention may commence during an investigation and assessment.
In these cases, the CSO is to explain to the child and family the legislative and procedural requirements for the CSO to coordinate service delivery and information exchange with Communities. This will involve contact with the youth justice case worker to:
- verify Communities involvement and the details provided by the child and their parents; and
- exchange information and coordinate service delivery during the investigation and assessment.
Gathering information to inform the investigation and assessment
Where Communities is currently providing, or has recently (within three months prior to the notification) provided, youth justice services to the child and family, the CSO will contact the youth justice case work to:
- verbally request any relevant information known to Communities about the child or family;
- seek verification of information provided by the child and family in response to the notified concerns;
- discuss relevant actions intended to be taken to complete the investigation and assessment; and
- advise the child's youth justice case worker of the following actions, should such actions be taken during the investigation and assessment:
- a critical incident or an alert has been recorded by the department in relation to the child or family;
- the child has been taken into custody, because they were considered to be at immediate risk;
- an assessment order placing the child in the custody of the chief executive has been granted; and
- the child has been placed in an out-of-home care placement under a care agreement.
Custody of the child during an investigation and assessment
Where a child currently subject to youth justice services is in the custody of the chief executive or subject to an assessment care agreement during an investigation and assessment, the CSO must maintain contact with the youth justice case worker to:
- provide details of the child's current whereabouts and other relevant information, including whether or not the parents have been provided with placement information about the child;
- advise who has custody and guardianship rights and responsibilities for the child, and explain the subsequent implications for decision-making with respect to custody and guardianship matters;
- obtain relevant information to provide to the child's carer or licensed care service, particularly in relation to:
- the child's youth justice case plan and any obligations or reporting requirements under the youth justice intervention;
- any actions or responsibilities required of the carer or CSO that were previously the responsibility of the child's parents;
- any actions remaining the responsibility of the child's parents; and
- other information to assist the carer in meeting the child's needs for the duration of the out-of-home care placement; and
- coordinate service delivery and ensure the necessary information exchange for the duration of the out-of-home care placement.
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At the completion of an investigation and assessment
Where an investigation and assessment has been completed and Communities is currently providing youth justice services to the child and family, the CSO will advise the youth justice case worker of:
- the outcome of the investigation and assessment;
- the nature of ongoing intervention to be provided, if applicable, noting that the level of detail provided will be determined by considerations such as:
- the welfare and best interests of the child;
- the extent and nature of Communities current involvement with the child and family;
- the child and family's right to confidentiality and privacy; and
- the legislative requirements with respect to fulfilling service delivery coordination and information exchange under the Child Protection Act 1999; and
- the date the child is returned, or to be returned, to the parental home (if applicable).
Ongoing intervention
Where the decision is made that ongoing intervention will occur, the CSO will:
- involve the child's youth justice case worker and if applicable, other Communities staff, in relevant departmental assessment, planning, implementation and review processes; and
- participate in relevant youth justice case planning processes for the child (as required by related procedures).
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CSO attendance at youth justice reviews, meetings and court proceedings when an assessment order grants custody
When a child is concurrently subject to an assessment order granting custody to the chief executive and youth justice intervention, the child's parents retain guardianship responsibilities and will generally continue to participate in relevant youth justice processes (to the extent possible and practicable).
In addition however, the CSO with case responsibility is required to attend all youth justice reviews and meetings (in the role of the child's parent), in accordance with the definition of 'parent' under the Juvenile Justice Act 1992.
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Youth justice interface: an overview (16.1) |
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Where a departmental decision or a court order directs that the child is to have no family contact (or supervised family contact) with their parents, the CSO with case responsibility is to advise the youth justice case worker. Should the child's parents not participate in youth justice reviews or meetings, the CSO may negotiate (if requested by the child) for the child's carer to participate (where possible and agreed to by the foster carer) as a support person.
The participation of the child's parents or carers in youth justice reviews or meetings, however, does not negate the requirement for the child's CSO to attend.
These arrangements continue to apply until the child is no longer subject to an assessment order granting custody to the chief executive, or until Communities ceases intervention with the child and family (whichever is the earliest).
Where the child is subject to an assessment order granting custody and is to appear before a court in relation to an alleged offence, the CSO will:
- attend all youth justice court proceedings (in the role of the child's parent); 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.
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 CSO or team leader with case responsibility, the team leader is to ensure the person attending court is provided with necessary information about the child, including:
- the type of assessment 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.
CSO attendance at youth justice conferences
When a child is subject to an assessment order granting custody to the chief executive, the CSO will participate in youth justice conferences, in the role of the child's parent.
The youth justice conference convenor is responsible for preparing the CSO for their participation in a youth justice conference. The departmental team leader is to ensure that the CSO receives adequate preparation by the convenor and may also attend the youth justice conference where:
- considered necessary based on the circumstances of the case; and
- agreed to by the convenor.
The child's carer would not usually attend a youth justice conference when a child is subject to an assessment order granting custody, however, may do so:
- if requested by the child (as the child's support person);
- where considered to be in the child's best interests by the department; and
- where agreed to by the convenor.
When a child is held in watch-house custody
When a child subject to an assessment order granting custody is held in watch-house custody, the CSO will:
- negotiate a joint plan with the youth justice case worker for visiting and phoning the child (for the duration of their detainment in watch-house custody); and
- advise the QPS to contact the youth justice case worker and supply them with the relevant information (where the CSO is contacted by the QPS, prior to the QPS advising Communities).
The SCAN System
Where the child is subject to current intervention by both the department and Communities, and having regard to the Suspected Child Abuse and Neglect (SCAN) System Inter-agency policy and procedures, September 2006
, the CSO is to:
- refer the matter to the SCAN AM Team coordinator, if applicable; and
- inform the SCAN AM Team coordinator of the concurrent involvement by Communities, for their consideration of whether the youth justice case worker is to be an invited stakeholder to participate in relevant meetings.
Where the child is subject to an assessment order granting custody or placed under a care agreement (regardless of whether the youth justice case worker accepts an invitation to participate in a SCAN AM Team meeting), the CSO is to provide the youth justice case worker with the following information from the SCAN AM Team meetings:
- the recommendations formulated;
- the actions to be taken to implement the recommendations, and the persons or agencies responsible;
- whether a referral has been made to a SCAN CI Team; and
- details of, and outcomes regarding, subsequent case reviews, case transfers and case closures, as applicable.
Where there is to be ongoing intervention with the child and family, the decision as to whether to continue inviting the youth justice case worker to SCAN System meetings will be made by the relevant SCAN AM Team coordinator or SCAN CI Team convenor, until such time that the case is:
- closed to the SCAN AM Team;
- closed to the department; or
- closed to Communities.
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Costs to be met by the department requiring approval prior to Communities submission to a court
Where a child is subject to an assessment order granting custody to the chief executive and intervention by 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 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.
- Last updated
- 23 April 2009
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