16.1 Youth justice interface: an overview: An overview
Purpose
This procedure outlines an overview of the interface between youth justice and child protection.
Authority
- Child Protection Act 1999, section 5
- Juvenile Justice Act 1992, schedule 1
- Policy No. 391-3 Critical Incident Reporting
Introduction
Case management refers to 'the overall responsibilities of the department when intervening in the life of a child and family. Case management is a way of working with children, families and other agencies to ensure that the services provided are coordinated, integrated and targeted to meet the needs and goals of children and their families'.
|
|---|
In some cases, a child subject to child protection intervention by the department will also be subject to youth justice services administered by the Department of Communities (Communities).
This procedure guides the provision of child protection services to clients of the Department of Child Safety who are also subject to youth justice intervention by Communities. The procedures in Chapter 16: Youth Justice and child protection interface do not apply to a child subject to a child protection order granting long-term guardianship to a kinship or a foster carer.
|
|
|---|
Department of Communities
Among other key functions, Communities is responsible for:
- the administration of the Juvenile Justice Act 1992;
- the management of:
- youth detention centres;
- youth justice service centres;
- youth justice conferencing;
- court services specific to youth justice proceedings; and
- undertaking intervention with children involved in the youth justice system.
Relevant legislative principles
The principles of the Child Protection Act 1999, section 5, state that the welfare and best interests of a child are paramount in the administration of the Act, and that every child has a right to protection from harm. The functions of the chief executive for administering the Child Protection Act 1999 are set out in Child Protection Act 1999, section 7, and include:
- promoting a partnership between the State, local government, non-government agencies and families in taking responsibility for, and dealing with, the problem of harm to children;
- promoting and helping in developing coordinated responses to allegations of harm to children and responses to domestic violence; and
- cooperating with government entities that have a function relating to the protection of children or provide services to children in need of protection or their families.
The Juvenile Justice Act 1992, schedule 1, incorporates the Charter of juvenile justice principles, which includes:
- the youth justice system should uphold the rights of children, keep them safe and promote their physical and mental well-being;
- a parent of a child should be encouraged to fulfil the parent's responsibility for the care and supervision of the child, and supported in the parent's efforts to fulfil this responsibility; and
- if practicable, a child of Aboriginal or Torres Strait Islander background should be dealt with in a way that involves the child's community.
When providing services to a child subject to both child protection and youth justice intervention, the CSO is to engage relevant youth justice staff in an inclusive and participatory manner.
Key concepts and definitions
The concepts and definitions are outlined below, along with an overview of the key youth justice orders that can be made by the court when a child is found guilty of an offence.
Alternatives to proceeding against the child: before starting a proceeding against a child for an offence (other than a serious offence) a police officer must consider whether it would be more appropriate to do one of the following:
- take no action;
- administer a caution to the child;
- refer the offence to a conference;
- offer the child an opportunity to attend a drug diversion assessment program (if the offence is a minor drugs offence within the Police Powers and Responsibilities Act 2000);
Caution: a police officer is able to administer a caution to the child (instead of bringing the child before a court for the offence), as a way of diverting a child who commits an offence from the courts' criminal justice system.
Child: as defined by the Juvenile Justice Act 1992 is:
- a person who has not turned 17 years; or
- after a day fixed under section 6146 - a person who has not turned 18 years.
Child's community: as defined by the Juvenile Justice Act 1992, section 150, means the child's Aboriginal or Torres Strait Islander community, whether it is:
- an urban community; or
- a rural community; or
- a community on DOGIT land under the Aboriginal Land Act 1991, or the Torres Strait Islander Land Act 1999.
Bail: refers to the release of a defendant charged with an offence (the release may occur with or without bail) and if a child is being, or has been, granted bail, conditions may be applied to the grant of bail. These conditions may include a curfew, to reside at an address or report to the QPS.
Bail and custody of children: decisions relating to a child in custody in connection with an offence may include:
- whether to release the child or keep the child in custody;
- if releasing the child, whether to release the child without bail or grant bail to the child; or
- if the child is being, or has been, granted bail the conditions that should apply to the grant of bail.
Bail Support Service program: is a program designed to assist young people to be released on bail and successfully remain in the community (until their charges are dealt with) by:
- targeting young people who the court believes are most likely not to comply with their bail conditions as a result of unstable accommodation;
- providing supports to enable a young person to find and maintain stable accommodation, and assisting them to meet their bail conditions; and
- providing intensive support to young people and their families, including community-based accommodation options.
Community based order: a probation order, community service order, intensive supervision order or conditional release order.
Complaint and summons: a proceeding against a child for an offence, other than a serious offence, must be started by way of complaint and summons.
Conditions of release on bail: if a court or police officer decides to grant bail to a child who is being held in custody in connection with a charge of an offence, the court/officer must:
- release the child on the child's own undertaking (without sureties and without deposit of money or other security); or
- unless the court/officer is satisfied it would be inappropriate in all the circumstances, consider the conditions for the release of the child on bail in the following sequence:
- release the child on the child's own undertaking with a deposit of money or other security of stated value;
- release the child on the child's own undertaking with a surety or sureties of stated value; and
- release of the child on the child's own undertaking with a deposit of money or other security of a stated value and a surety or sureties of stated value.
Conviction: is defined in the Bail Act 1980, to include a:
- finding of guilt;
- finding that a person is not guilty by reason of unsoundness of mind;
- conviction of an offence for which an order is made:
- requiring the person to perform unpaid community service; or
- discharging the person absolutely or conditionally.
Custody of child pending court appearance: until brought before a court, a child arrested on a charge of an offence or a warrant issued under the Juvenile Justice Act 1992, who is not released from custody must (wherever practicable) be placed in a detention centre until brought before a court.
Dual orders: a child who is currently subject to a child protection order and a youth justice order is on dual orders.
Finding of guilt: a finding of guilt, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.
Identifying particulars: a police officer may apply to a Childrens Court magistrate to have all or any of the identifying particulars (for example, fingerprints, handwriting) of the child taken.
Keep the child in custody: includes, for a court, remand the child in custody.
Kinship carer: is a person related to the child or a member of a child's community and considered family or a close friend who is approved by the department to provide an out-of-home care placement for the child. Kinship carer/s may further be categorised as:
- grandparents;
- aunts/uncles;
- other relatives or close friend; and
- for Aboriginal and Torres Strait Islander children, relative care may include another Aboriginal person or Torres Strait Islander who is a member of, or compatible with the child's community or language group.
Parent: as defined by the Juvenile Justice Act 1992 is:
- a parent or guardian of a child; or
- a person who has lawful custody of a child other than because of the child's detention for an offence or pending a proceeding for an offence; or
- a person who has the day-to-day care and control of a child.
Prescribed entity: is defined in the Child Protection Act 1999, section 159D, and includes (but is not exhaustive of) the chief executive of the department, an authorised officer and the chief executive of Communities.
Pre-sentence report: before it sentences a child found guilty of an offence, a court may order the chief executive, Department of Communities, to give to the court a pre-sentence report concerning the child and containing specified information, assessments and reports relating to the child or the child's family or other matters.
Release of child without bail: a police officer may release a child without bail, into the custody of the child's parents or release the child to go at large; courts can also allow a young person to go at large.
Serious offence: is:
- a life sentence; or
- an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more.
Service provider: is defined by the Child Protection Act 1999 as a 'prescribed entity' or another person providing a service to children or families;
- Starting a proceeding: when a police officer starts a proceeding against a child for an
offence including:
- obtaining a warrant for the arrest of a child on a charge for an offence; and
- arresting a child for an offence without a warrant.
Support person: as defined by the Police Powers and Responsibilities Act 2000, schedule 4 is:
- for an Aboriginal or Torres Strait Islander child who is at least 17 years:
- an adult relative or another adult chosen by the person: or
- a lawyer acting for the person; or
- a representative of a legal aid organisation; or
- a person whose name is included in a list of support persons and interpreters; or
- for a child:
- a parent or guardian of the child; or
- a lawyer acting for the child; or
- a person acting for the child who is employed by an agency whose primary purpose is to provide legal services; or
- an adult relative or friend of the child who is acceptable to the child; or
- if the child is Aboriginal or Torres Strait Islander and no-one previously mentioned is available - a person whose name is included in the list of support persons and interpreters; or
- if no-one previously mentioned is available - a justice of the peace, other than a justice of the peace who is a member of the QPS or a justice of the peace (commissioner for declarations); or
- for a person with impaired capacity - a parent or another adult who provides or is able to provide support necessary to help care for the person by looking after or managing the person's interests.
Youth justice case worker: refers to an officer of the Department of Communities.
Youth justice orders
Children found guilty of offences can be subject to the following youth justice orders:
Sentence orders - general: under the Juvenile Justice Act 1992, section 175, when a child is found guilty of an offence before a court, the court may:
- reprimand the child;
- order the child to be of good behaviour for a period not longer than one year;
- order the child to pay a fine of an amount prescribed under an Act in relation to the offence;
- order the child to be placed on probation for a period not longer than:
- one year (if the court is not constituted by a judge); or
- two years (if the court is constituted by a judge and the child is not found guilty of a 'serious offence');
- order the child (if the child has attained the age of 13 years at the time of sentence) to perform unpaid community service for a period not longer than:
- 100 hours (if the child has not attained the age of 15 years at the time of sentence); or
- 200 hours (if the child has attained the age of 15 years at the time of sentence);
- make an intensive supervision order for the child (if the child has not attained the age of 13 years at the time of sentence), for a period of not more than six months;
- order that the child be detained (with or without a conditional release order), for a period not more than:
- one year (if the court is not constituted by a judge); or
- the shorter period of the following (if the court is constituted by a judge and the child is not found guilty of a serious offence):
- half the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve; or
- five years.
Sentence orders - serious offences: the Juvenile Justice Act 1992, section 176, provides for a range of sentence orders where a child is found guilty of a serious offence (before a court presided over by a judge), including:
- an order that the child be placed on probation (for a period not longer than three years); or
- a detention order against the child (either with, or without, a conditional release order).
The Juvenile Justice Act 1992, section 219, provides for a final option instead of the detention of a child by allowing a court to immediately release the child into a structured program with strict conditions (conditional release order).
Other orders: in addition to general and serious offence sentence orders, the court may make other orders such as restitution and compensation (section 181 and 235, Juvenile Justice Act 1992).
Release after fixed period of detention: the Juvenile Justice Act 1992, section 227, provides for the release of a child after service of a period of detention. At the end of the period after which a child is required to be released under section 227, the chief executive of Communities must make an order (supervised release order) releasing the child from detention.
Orders against parents: in specified circumstances, the court may direct a parent/s of a child offender to pay compensation for the offence. The Juvenile Justice Act 1992, section 258, provides the circumstances in which this may be considered by the court.
The chief executive cannot be ordered to pay compensation, where the offending child is currently subject to an order under the Child Protection Act 1999 granting guardianship to the chief executive.
A youth justice conference may be held when:
- a diversionary referral is made by the QPS as an alternative to bringing the child before a court and starting proceedings for an offence;
- an indefinite referral is made by a court as an alternative to sentencing; or
- a referral to a conference (before sentencing) is made by a court, to assist in the sentencing process.
An approved convenor facilitates the conference and part of their role is to identify, meet and prepare relevant parties for the conference process. On occasion, the CSO for a child subject to intervention by the department and Communities will be required to participate in a youth justice conference. For more information about the procedure relating to youth justice conferences, refer to Communities website.
Conditional bail: Communities is responsible for the administration of conditional bail programs, which enable a child to be released on bail and to successfully remain in the community until their charges have been dealt with. For more information about the procedure relating to conditional bail, refer to Communities website.
| Youth justice intervention | First meeting and/or first review | Progress review (or other meeting) |
Final review (or other meeting) |
|---|---|---|---|
| Youth justice conference | the convenor meets/prepares relevant parties prior to the conference * | a coordinator may convene a warning meeting, if applicable | not applicable |
| Probation order | initial interview held within 1 working day of order being made (unless order specifies otherwise) *first review held between week 4 & 6 of commencement of order |
|
1 month prior to completion of order (where order is of, or less than, 6 months duration); or when 75% of order is completed (where order is of more than 6 months duration) * |
| Community service order | initial interview held within 1 working day of order being made (unless order specifies otherwise) *first review held between week 4 & 6 of commencement of order | a progress review is held every 3 months | completion of order * |
| Conditional bail | initial conditional bail meeting * | fortnightly ** | final review at conclusion of conditional bail program * |
| Intensive supervision order | first review 2 weeks after commencement of order * | fortnightly ** | 1 week prior to completion of order * |
| Detention order /remanded in custody | initial secure care planning meeting held within 4 weeks of child being admitted to youth detention centre * | secure care plans reviewed at least once every 3 months or as requested by the secure care manager | supervised release order planning meeting held approximately 4 weeks prior to child completing the custodial component of their detention order * |
| Conditional release order | first review 2 weeks after commencement of order * | fortnightly ** | 1 week prior to completion of order * |
| Supervised release order | first review 2 weeks after release from detention * | determined by the duration and nature of the order | 2 weeks before completion of order * |
Youth justice case planning and review requirements
Youth justice case planning and review requirements are determined by the nature of youth justice intervention the child is subject to under the Juvenile Justice Act 1992. Each youth justice order or program involves an initial interview or meeting, whereas a review is specifically held to review the conditions of an order, the child's compliance with the order/conditions and the youth justice case plan.
Table 1: Youth justice planning and requirements (see previous page) outlines the specific youth justice interventions subject to regular case planning and review by Communities. The specific requirements for CSO involvement vary according to the type of departmental intervention being undertaken. In Table 1, the requirements for CSO attendance at youth justice meetings and reviews for a child subject to the specified orders (refer to the procedure on youth justice clients subject to a child protection order granting custody or guardianship) are indicated by:
- * the CSO must attend these meetings
- ** the CSO must attend one meeting per month
The CSO is required to attend all youth justice meetings and reviews when a child is subject to an assessment order.
For the requirements for CSO attendance at youth justice meetings and reviews for a child subject to a support service case, intervention with parental agreement or a non-custodial child protection order, refer to the relevant procedure.
General roles and responsibilities
Youth justice intervention is undertaken by the staff of youth justice service centres, shared service centres, youth detention centres, court services, youth justice conferencing services and specialist central units. Youth justice service centres provide supervisory, rehabilitative and reintegration services to:
- young offenders on community-based orders; and
- young offenders released from detention.
Youth detention centres provide young offenders with secure care and a range of programs to address offending behaviour and to assist with their planned reintegration into the community.
When a child is subject to both child protection and youth justice intervention, the allocated workers from both departments are responsible for service delivery coordination and the specific matters that are the responsibility of each department. The CSO with case responsibility retains responsibility for matters relating to the child's need for protection and the youth justice case worker retains responsibility for matters such as:
- administering youth justice order requirements;
- undertaking case planning and reviews specific to the youth justice intervention;
- representing the chief executive, Communities, in youth justice court proceedings;
- providing relevant information about the child to the department (in accordance with legislative and procedural requirements); and
- liaising with the department to facilitate legislative service delivery coordination and information exchange.
Where a child is subject to ongoing intervention, the department is required to develop a support plan or case plan for the child. This will require the CSO to:
- develop and maintain a comprehensive knowledge of services provided by other government departments (including Communities), non-government agencies and informal community groups and networks; and
- build collaborative relationships with other service providers.
|
|
|---|
In cases where a child is subject to ongoing intervention and concurrent youth justice intervention, including dual orders, the CSO is to involve the youth justice case worker from Communities in support planning or case planning processes and incorporate (to the extent practicable) youth justice case plan goals, outcomes and activities in the support plan or case plan for the child.
The CSO is to regularly liaise with the youth justice case worker for the purpose of:
- obtaining feedback about youth justice intervention requirements and the child's progress;
- participating in youth justice conferences, reviews or meetings, and youth justice court proceedings, where applicable; and
- providing opportunities for the youth justice case worker to participate in departmental support or case planning and review processes.
Factors informing the extent and nature of joint planning and review
The extent and nature of participation by the CSO in youth justice case planning and review processes and alternatively, the youth justice case worker in departmental case planning processes, will be determined by factors specific to each child, such as:
- the specific type of departmental intervention the child is subject to, that is:
- an investigation and assessment, with or without an assessment order;
- a support service case;
- intervention with parental agreement; and
- intervention with a child protection order, including:
- non-custodial orders;
- custody and short-term guardianship orders; and
- long-term orders granting guardianship to the chief executive;
- legislative, policy and procedural requirements specific to each type of departmental intervention;
- who has guardianship responsibilities for a child placed in out-of-home care (either the child's parents or the chief executive);
- the definition and requirements of a 'parent', in accordance with the Juvenile Justice Act 1992; and
- the type of youth justice intervention the child is subject to under the Juvenile Justice Act 1992 and for each order type/program, the extent of case planning and review requirements (for example, a community service order requires a review every three months, whereas an intensive supervision order requires fortnightly reviews).
Specific requirements for a CSO to attend youth justice reviews and meetings are outlined in the relevant departmental procedures.
|
|
|---|
CSO and kinship carer attendance at youth justice court proceedings
The definition of parent is outlined in the Juvenile Justice Act 1992, schedule 4, and includes a guardian of a child or a person who has lawful custody of a child. When a child is subject to an assessment or child protection order under the Child Protection Act 1999, the child may be in the custody of the chief executive or a relative. Where this is the case, the chief executive or relative carer (approved kinship carer) meets the definition of parent as set out in the Juvenile Justice Act 1992.
The Juvenile Justice Act 1992, section 69, outlines the general requirement that a parent of a child be present at court. In addition, the following provisions apply in relation to youth justice court proceedings:
- section 70: gives the court the power to order a parent to attend proceedings;
- section 71: outlines the provisions for a matter to be reopened if an order is made when a parent is not present; and
- section 72: outlines the court's obligation to ensure that a parent has the opportunity to be heard and participate in proceedings, and that they understand matters relating to the child's court appearance.
Where the chief executive has been granted custody or guardianship of the child (under an assessment or a child protection order), a CSO or another departmental officer must attend the child's youth justice court proceedings in the role of the child's parent. In addition, where a kinship carer is granted short-term custody or custody under an interim child protection order, they must attend the child's youth justice court proceedings (along with the CSO).
The court may request that the CSO or the kinship carer, in the role of the child's parent, provide information to the court during the child's youth justice proceedings. Information of potential relevance would include the current case plan for the child, who has custody and guardianship responsibilities for the child under the assessment or child protection order and the child's placement details, if applicable.
The youth justice case worker retains responsibility for representing the chief executive, Communities, in youth justice court proceedings, however, may request that the CSO or kinship carer address the court (in the role of the child's parent).
In these circumstances, it is the CSO or team leader who has the level of knowledge about the child that would usually be known to, and provided by, the child's parent. It is not the role of a departmental court coordinator or court services staff to attend youth justice court proceedings in the role of the child's parent.
The attendance at court of the CSO with case responsibility is particularly important, when:
- there is an issue about the child's placement, as all out-of-home care placements for a child in care must be approved by a delegated departmental officer;
- a child in the custody of the chief executive or a kinship carer or guardianship of the chief executive is electing to have a matter dealt with by the Childrens Court of Queensland, as the court must be satisfied the parent understands the right of election; and
- a matter is to be finally determined.
In some circumstances the Childrens Court may be prepared to proceed without a CSO present. Whether this is in the child's best interest will need to be explored on a case-by-case basis.
Pre-court
When Communities (or the Child Safety After Hours Service Centre (CSAHSC))are advised of an arrest, notice to attend or complaint and summons in relation to a child subject to departmental intervention, the CSO with case responsibility will be advised and provided with information about the date, location and time of the court appearance, the nature of the offence and the anticipated court process at this appearance (for example, mention, sentence or committal hearing).
In these cases, the youth justice case worker will:
- explain to the CSO the general requirement under the Juvenile Justice Act 1992 for a representative from the department to attend court proceedings for the child;
- seek information (from the CSO) relevant to the youth justice role in court;
- clarify whether there is a person who should attend the youth justice court proceedings in the role of the child's parent; and
- negotiate which department will take responsibility for advising all relevant persons of the youth justice court proceedings.
At court
The youth justice case worker present at court will:
- make contact with the CSO, kinship carer (if applicable) and other persons of significance to the child and attending court;
- obtain any updated information in relation to the current situation and the departmental case plan;
- clarify if the CSO or kinship carer (in the role of the child's parent) would like to address the court; and
- address the court and advise that the child is subject to departmental intervention, introduce the CSO or kinship carer (if applicable) and indicate that this person would like to have the opportunity to address the court.
Post court
The youth justice case worker will ensure that the CSO or kinship carer (if applicable) understands the court outcome, including any obligations on the child.
When a child discloses a possible offence to a CSO
Should a child disclose to a CSO their involvement in a possible criminal offence, the CSO is not legally obligated (with the exception of the requirements under the Child Protection Act 1999, section 14(2) and 148), to report the information to the QPS.
The CSO must, however, in consultation with their team leader, refer to existing resources such as the departmental 'Code of conduct
' and if necessary, contact Ethical Standards staff, to decide whether the information disclosed by the child (about their reported participation in an alleged offence) is to be referred to the QPS.
Where a departmental officer has reported the child's alleged involvement in a possible offence to the QPS, the departmental officer who made the report is not to undertake the role of a support person for the child (even if requested by the child) in relation to QPS or youth justice court processes.
CSO and kinship carer attendance at youth justice conferences
Under the Juvenile Justice Act 1992, the child's parent may participate in the youth justice conference for a child and should be encouraged to do so, whether or not there is another person attending in the role of the parent. Where a kinship carer is granted short-term custody of the child, the kinship carer must participate in the youth justice conference. The CSO for the child is also to participate in the youth justice conference where the child is subject to:
- an assessment order granting custody to the chief executive;
- an interim order granting custody to a kinship carer;
- short-term custody to the chief executive;
- short-term custody to a relative; and
- guardianship to the chief executive.
CSO contact with a child, parent or carer
Youth justice intervention with a child and family does not negate the responsibility of the CSO to develop and maintain positive client relationships with a child, parent and the child's carer (where applicable). The CSO will continue to:
- undertake contact visits, having regard to the goal of the case plan (for example, reunification) and departmental contact standards; and
- assess, plan, implement and review the child's case plan, having regard to information provision and participation requirements under the Child Protection Act 1999, section 51.
The CSO will also coordinate service delivery in order to minimise excessive contact with the child, family or carer by multiple departmental and Communities officers and avoid unnecessary duplication of services.
|
|
|---|
Aboriginal and Torres Strait Islander clients
The Child Protection Act 1999, section 6, provides the legal framework for the department's work with Aboriginal and Torres Strait Islander children and families and requires that the recognised entity for an Aboriginal or Torres Strait Islander child be given the opportunity to participate in decision-making process for significant decisions about the child, and consulted on all other decisions.
|
|
|---|
The Juvenile Justice Act 1992 also contains specific requirements for service delivery to Aboriginal or Torres Strait Islander youth justice clients, which includes consultation with a Community Justice Group about youth justice matters.
For a child subject to departmental and youth justice intervention, both the CSO and youth justice case worker are responsible for fulfilling the respective legislative requirements in relation to Aboriginal and Torres Strait Islander children.
|
|
|---|
Service delivery coordination and information exchange
The Child Protection Act 1999, chapter 5A, provides for service providers to appropriately and effectively meet the protection and care needs of children by:
- coordinating the delivery of services to children and families; and
- exchanging relevant information, while protecting the confidentiality of the information.
The Child Protection Act 1999, section 159C, defines 'relevant information' and outlines requirements for service providers giving information to:
- the department or an authorised officer (including the CSO for a child); and
- another service provider (for example, Queensland Health).
For a child subject to child protection and youth justice services, the CSO and the Communities youth justice case worker must take reasonable steps to coordinate decision-making and the delivery of services to the child and family, in order to appropriately and effectively meet their protection and care needs.
In specified circumstances (Child Protection Act 1999, section 159), the department may request that Communities or another service provider, provide a service to:
- a child in need of protection, or a member of the child's family, to help meet the child's protection and care needs and to promote the child's well-being; or
- an individual, before the birth of a child, to help meet the child's protection and care needs and to promote the child's well-being after the child is born.
Where this occurs, the department must give the service provider the information it needs to comply with the request, and the service provider must take reasonable steps to comply with the request so far as the request:
- is consistent with the service provider's functions; and
- does not unreasonably affect the discharge of the entity's functions in relation to other persons or matters.
With regard to information exchange, the Child Protection Act 1999, section 159M and 159N, provide for:
- particular prescribed entities (including the department and Communities) giving and receiving relevant information; and
- information requirements made by the chief executive or an authorised officer of the department, asking a prescribed entity for particular relevant information in the entity's possession or control.
Where this applies, the prescribed entity must comply with the request.
|
|
|---|
Confidentiality and protection from liability
The Child Protection Act 1999, section 159Q, applies if a person, acting honestly, gives information in compliance with Child Protection Act 1999, chapter 5A, 'Service delivery coordination and information exchange', and provides that a person is not liable, civilly, criminally or under an administrative process, for giving the information.
The Child Protection Act 1999, chapter 6, part 6, refers to additional confidentiality requirements associated with the administration of the Child Protection Act 1999, including:
- confidentiality of notifiers of harm or risk of harm;
- confidentiality of information obtained by persons involved in the administration of the Child Protection Act 1999;
- confidentiality of information given by persons involved in administration of the Child Protection Act 1999, to other persons; and
- confidentiality in relation to proceedings.
The Juvenile Justice Act 1992, part 9, section 292, applies to confidential information relating to a child who is being, or has been, dealt with under the Juvenile Justice Act 1992, including:
- being investigated for an offence;
- being detained;
- participating in a conference; and
- being cautioned, prosecuted or sentenced for an offence.
The Juvenile Justice Act 1992 provides for the disclosure of confidential information for specified purposes, such as:
- if the child has been, or is being, placed in care under the Child Protection Act 1999, section 82, Communities may disclose the information to:
- a person conducting a licensed care service - for the child's placement in the care of a licensed care service; and
- the approved foster carer or other person, or a person coordinating the placement - for a placement in the care of an approved foster carer or other person;
- disclosure to ensure someone's safety (Juvenile Justice Act 1992, section 292);
- the disclosure by QPS of information about cautions and youth justice conferences and agreements (for example, to a parent of the child and the chief executive of Communities); and
- recording, using or disclosing information (Juvenile Justice Act 1992, section 289) as expressly permitted or required under another Act (for example, the Child Protection Act 1999, chapter 5A).
The Juvenile Justice Act 1992, section 301, prohibits the publication of identifying information about a child, unless the chief executive of Communities gives written authority (because the chief executive is satisfied the publication is necessary to ensure a person's safety) to a person to publish identifying information.
The Child Protection Act 1999, section 189, also prohibits the publication of identifying information about a child, unless the chief executive, Department of Child Safety provides written approval.
|
|
|---|
The reporting of harm or risk of harm to a child, and incident reporting by Communities
For a child in receipt of community-based youth justice services, Communities procedures require youth justice case workers to report child protection concerns or allegations, whether directly observed by, or brought to the attention of, the youth justice case worker.
The way in which such matters are reported and the agency to which the report is made will vary according to Communities policies and procedures. For example, if the alleged person responsible for harm is the child's parent, the report will be made to the department. If a person residing outside of the child's home or parental home is alleged responsible for the harm, the report will be made to the QPS, however, Communities will also advise the department (given that there is concurrent intervention with the family).
Where a child is in a detention centre, the Juvenile Justice Act 1992, section 268, requires that a detention centre employee who becomes aware, or reasonably suspects, that a child has suffered harm while detained in a detention centre, must report the harm or suspected harm to the chief executive, Communities, immediately and in accordance with the Juvenile Justice Regulation 2003.
In addition, youth detention centres are required to implement 'incident reporting' for level 1, level 2 and level 3 reportable incidents. Communities policy and procedures determine how these reports are made, and detention centre reporting procedures vary from reporting procedures specific to a child subject to a community-based youth justice intervention.
Examples of matters subject to incident reporting within a detention centre include:
- the death of a child in detention;
- an escape from a detention centre or escorting staff;
- a major physical or sexual assault, attempted suicide, self-harming episode, accidental injury or medical emergency resulting in injuries or a condition that may be life threatening or cause permanent and serious impairment;
- a hunger strike by a child in detention; and
- the discovery of significant contraband, including prohibited substances and any drug-related incidents.
The detention centre is responsible for communicating information about reportable incidents to:
- the child's parent, where the parent is the guardian of the child; and
- the CSO with case responsibility, where the child is subject to ongoing intervention.
Detention centre staff will advise the department of all reportable incidents by telephone. This will be followed by a facsimile of the information for level 1 and 2 reportable incidents.
For a child subject to a community-based youth justice order and a concurrent child protection order, service support case or intervention with parental agreement, the youth justice case worker will inform the CSO of matters potentially constituting a critical incident for the department.
Alternatively, where a CSO becomes aware of a matter relating to the child and family and the matter is recorded by the CSO as a critical incident, the CSO is required to provide information about the incident to the child's youth justice case worker.
|
|
|---|
For further information about critical incident reports, refer to the policy on Criticial Incident Reporting.
CSO involvement when a child is subject to a detention order/remand in custody
When a child is subject to a detention order or is remanded in custody in a detention centre, the child has a detention centre case worker (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 respect to the child's progress and other related youth justice matters, such as pending youth justice court proceedings).
When a child is subject to ongoing intervention and a detention order, or is remanded in custody, the child's CSO will:
- maintain contact with the child, by phone and in person (where geographically possible);
- 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);
- provide the detention centre with relevant information about the child;
- monitor the child's ongoing progress; and
- participate in planning and preparations for the child's transition from detention (if applicable) and/or from being a child in care (if applicable).
When a child is being released from a detention centre and is subject to ongoing intervention, the CSO must ensure the child's basic needs are met in a timely way. The provisions of either the departmental support plan or case plan and the youth justice case plan for a child, together, must ensure that all aspects of the child's needs are addressed.
Community visitors
Community visitors from the Commission for Children and Young People and Child Guardian (the Commission) visit all children in detention centres, including children subject to child protection orders. These visits occur monthly or as otherwise required. As soon as practicable after visiting the detention centre, the community visitor must prepare a report about the visit. This report can only be provided to the Commissioner.
Where the community visitor identifies a serious issue in relation to a child subject to ongoing intervention by the department, the community visitor will immediately bring the information to the attention of the department (the relevant CSSC) and Communities. In addition, the Commission will forward written details, identifying the child and the serious issue, to the Office of the Director-General.
Transfer of a child in detention to an adult correctional facility
If a child in a detention centre is to be transferred to an adult correctional facility, or a child over the age of 17 years is charged as an adult and remanded in an adult correctional facility, the CSO will:
- maintain case responsibility in accordance with departmental procedures;
- continue to coordinate service delivery with the youth justice case worker until the transfer is completed; and
- coordinate service delivery with staff at the adult correctional facility, until such time that:
- the child protection order no longer applies; or
- if applicable, the departmental support service case is closed.
Child Safety After Hours Service Centre service provision
The CSAHSC, the department's 24 hour service, provides after business hours responses to clients of the department, the community, other government departments and community agencies in response to child protection matters.
This includes provision of an after hours service to youth justice clients (whether or not they are current clients of the department), Communities and other government and community agencies in response to youth justice matters. The CSAHSC currently provides the following youth justice related services:
- forwarding 'Record of Advice of Arrest' forms or 'Notice to Appear' forms to the relevant youth justice service centre or shared service centre, when a child has been charged with an offence;
- negotiating with the QPS in relation to bail decisions;
- where applicable, assisting with a child's admission into a youth detention centre; and
- liaising with rostered, on-call Communities court officers if a young person is arrested and is attending court.
Transition from care
The Child Protection Act 1999, section 75 and schedule 1, Charter of rights for a child in care, requires that a child, or person who is or has been a child in the custody or under the guardianship of the chief executive of the department, must as far as practicable, be provided with help in the transition from being a child in care to independence.
This responsibility rests with the department, regardless of whether the child is subject to intervention by both the department and Communities.
|
|
|---|
In addition, the Juvenile Justice Act 1992, schedule 1, Charter of juvenile justice principles, requires that a child who is detained in a detention centre under the Juvenile Justice Act 1992 should:
- be helped to maintain relationships with the child's family and community; and
- receive appropriate help in making the transition from being in detention to independence.
In some cases, the child's transition from care will coincide with their release from a youth detention centre, thereby requiring coordinated case planning (involving the CSO, detention centre staff and the child's youth justice case worker). On other occasions, the child's release from detention will occur prior to any need for departmental transition from care case planning.
Griffith Adolescent Forensic Assessment and Treatment Centre
The Griffith Adolescent Forensic Assessment and Treatment Centre (the centre) is a joint initiative of:
- the Schools of Criminology & Criminal Justice and Applied Psychology, Griffith University; and
- the Department of Communities.
The service is available to a child found guilty of sexual offences who is being supervised in the community or is held in one of Queensland's youth detention centres ('Communities Policy No. 204-2: The Griffith Adolescent Forensic Assessment and Treatment Centre: Assessment and treatment of young people found guilty of sexual offences'). Assessment and treatment can be undertaken at the centre itself, a youth detention centre or at a venue close to the child and their family (dependant on individual case circumstances).
Specific services provided by the centre include:
- the clinical assessment of children guilty of sexual offences and, where appropriate, their families;
- the provision of evidence-based written court reports to facilitate court decisions and treatment planning; and
- the provision of a range of individual, group and family treatment modalities that can be matched to the individual needs of the child and their family.
The referral of a child to the centre can only be made by Communities, following a finding of guilt and a court order for a pre-sentence assessment or a treatment condition as part of an order. It is the responsibility of the youth justice case worker to facilitate the referral, and in all cases where there is concurrent intervention, Communities will:
- advise the department of the referral; and
- request relevant information to inform the referral process and related aspects of service provision by the centre.
Information which may be requested could include the child's departmental history and current case plan. This information should be summarised and provided to the youth justice case worker in a timely manner, as the referral cannot be finalised and forwarded to the centre until all relevant information is provided.
Where the centre seeks to engage the department and the child's carer/s in the assessment and treatment, the CSO with case responsibility is to ensure that specific roles and responsibilities are negotiated and included in the child's case plan. Should the centre be unable to accommodate a referral in a timely manner, the CSO will discuss other service options with the youth justice case worker.
Note: There may be a significant delay (for example, up to five months) between the child's first court appearance and sentencing for higher court matters (which includes all sexual charges). Given the potential length of such delays, when a child subject to ongoing intervention is charged with a sexual offence, the CSO is to consider a referral to an alternative therapeutic service (rather than waiting for the time when a referral might be made to the centre).
In such cases, particular care must be taken when placing a child who has committed a sexual offence in an out-of-home care placement, to ensure the suitability of the accommodation and the safety of any other children residing in the household.
Financial responsibilities
Financial responsibilities in supporting a child who is subject to child protection and youth justice intervention are decided in accordance with a range of factors, such as:
- whether the child is subject to dual orders, and if so, whether the child protection order grants custody or guardianship under the Child Protection Act 1999;
- whether the financial support is:
- primarily related to administering youth justice orders/programs (for example, costs associated with conditional bail, the provision of financial assistance to assist parents to attend court proceedings); and
- specific to:
- the case plan for addressing the child's protection and care needs (for example, vacation care or medical diagnostic testing); and
- payments for care and maintenance, in accordance with the Child Protection Act 1999, section 159, (for example, fostering allowance payments, high support needs allowance); and
- if a parent retains custody or guardianship of a child subject to an order made under the Child Protection Act 1999.
If the services provided to a child and their family include both child protection and youth justice intervention, the respective managers must adopt a collaborative approach to sharing the costs.
Costs associated with the daily care of a child in a youth detention centre are met by the detention centre. Additional costs related to guardianship matters (for example, the cost of DNA testing) are met by the child's guardian. Where the child's parents retain guardianship responsibilities for the child, they will be required to meet related costs.
For a child in a detention centre and subject to a child protection order granting guardianship to the chief executive, costs associated with guardianship matters are the responsibility of the chief executive (in accordance with the approval processes identified in relevant departmental policies and procedures).
In the event that a dispute regarding financial responsibility cannot be resolved by the relevant managers for each department, the managers must refer the matter for a final decision, as follows:
- regional director, Communities; and
- zonal director, Department of Child Safety.
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 both departments 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. Prior to any submission being made to a court by the youth justice case worker, nominated costs must be endorsed by the appropriate financial delegate within the department.
The department is responsible for accommodation costs associated with a child's placement in out-of-home care. Additional costs are to be negotiated by each department, having regard to the following considerations:
- the nature of the assessment order or child protection order (if applicable), including whether or not the department has responsibility for the child's accommodation under the order type;
- costs associated with the youth justice case plan, and the provision of support services and supervision to a child for the purpose of preventing offending behaviour, are the responsibility of Communities; and
- proposed supports to be financed by the department are subject to negotiation and approval, in accordance with current policy and procedures.
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.
Resolving general matters in dispute
Should a dispute arise (with the exception of the above process for financial matters) during the provision of concurrent child protection and youth justice services, the youth justice case worker and CSO will refer the matter to their respective line managers (usually a team leader) in the first instance. If the team leaders are unable to resolve the dispute, they are to refer the matter to their respective managers.
Should the dispute remain unresolved, the managers are to seek a final decision, as follows:
- regional director, Communities; and
- zonal director, Department of Child Safety.
- Last updated
- 21 April 2009
Other languages