16.4 Youth justice clients subject to a support service case, intervention with parental agreement or a non-custodial child protection order
Purpose
This procedure outlines the process for implementing ongoing intervention, when a child is subject to intervention by Communities.
Authority
- Policy No. 29-3: Health and well-being: suicide risk alert system
- Policy No. 395-1: Administrative Access to Child Safety Records
- Policy No. 344-1: Placement and support packages (PASPs) for children and young people in alternative care
Introduction
A child subject to intervention by Communities may also be subject to ongoing intervention by the department, either through:
- a support service case; or
- intervention with parental agreement; or
- a non-custodial child protection order.
For each of these intervention types, the child's parents retain all custody and guardianship rights and responsibilities in relation to the child. Detailed requirements for service delivery coordination by the CSO are outlined below.
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Support service case
A child subject to a support service case is not considered to be a child in need of protection and intervention is based on an agreement by the parents, the young person or the pregnant woman, to work with the department.
Where the child is concurrently subject to a support service case and a youth justice order, the child's parents retain all responsibilities for participating in youth justice case planning and review meetings specific to the child's youth justice order.
Where the support service case is specific to a young person who is transitioning from care, the CSO for the young person may participate in youth justice meetings or reviews, where:
- agreed with, or requested by, the young person; and
- negotiated with the youth justice case worker.
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Intervention with parental agreement
A child subject to intervention with parental agreement is considered to be a child in need of protection, but the intervention is based on agreement by the parents to work with the department to meet the protection and care needs of the child, without the use of a court order.
Where a child is subject to intervention with parental agreement and a youth justice order, the child's parents retain all responsibilities for participating in youth justice case planning and review meetings specific to the child's youth justice order.
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Intervention with a non-custodial child protection order
A child subject to a non-custodial child protection order is considered to be a child in need of protection, where it is considered that the child can safely remain in the parental home for the duration of the order.
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Requirements for the CSO to ensure service delivery coordination
When a child is subject to a support service case, intervention with parental agreement or intervention with a non-custodial child protection order (including placements under a care agreement) and current youth justice intervention, the CSO for the child will adhere to the procedures specific to each type of ongoing intervention. In addition the CSO is required to:
- inform the child and family of the legal obligation for the CSO to liaise with Communities to fulfil service delivery coordination and information exchange requirements, for the duration of the ongoing intervention or until the youth justice intervention ceases;
- involve the youth justice case worker and associated agencies in the development of the support plan or case plan. Where they are not able to participate directly, ensure that relevant information is provided to inform the planning process;
- involve the youth justice case worker and associated agencies in the review of the support plan or case plan. Where they are not able to participate directly, ensure that relevant information is provided to inform the review process;
- advise the youth justice case worker the outcome of all case planning and reviews undertaken by the department, including advice of case closure by the department; and
- maintain contact with the child's youth justice case worker or associated agencies involved in the implementation of the support plan or case plan, in order to:
- coordinate service delivery activities to achieve the goals of the support plan or case plan;
- obtain information that will inform the child and parental strengths and needs assessments (not applicable to a support service case);
- provide information about any critical incident or an alert recorded by the department in relation to the child or family;
- monitor the child's ongoing safety and well-being while the child remains in the parental home;
- provide information about the child that may be relevant to, or impact on, the child's offending behaviour or ability to fulfil the requirements of their youth justice order/program;
- inform the youth justice case worker of actions taken by the child that appear to be inconsistent with the requirements of their youth justice order; and
- 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.
Where a youth justice case worker directly participates in the development or review of the support plan or case plan for the child, and has responsibility for the implementation of certain components of the plan, the CSO is to provide the youth justice case worker with a written copy of the plan.
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Placements under a care agreement
A child subject to youth justice intervention may also be subject to a child protection care agreement during ongoing intervention, including:
- intervention with parental agreement; or
- intervention with a non-custodial child protection order.
In these cases, the parents:
- retain all rights and responsibilities associated with the guardianship of the child, including the right to make all significant decisions about the child's daily care while the child resides in the placement; and
- are responsible for participating in youth justice case planning and review meetings specific to the youth justice intervention.
In addition to the requirements for service delivery coordination, the CSO will:
- discuss the child's youth justice case plan, obligations and reporting requirements with the child's parents, when facilitating the placement and completing relevant placement-related documentation (including matters to be attended to by the child, their parents or the foster carer, for the duration of the placement with parental consent);
- either, negotiate for the parents to inform the child's youth justice case worker of the child's current whereabouts and placement details, or, contact the youth justice case worker on the parent/s behalf;
- liaise with the child's youth justice case worker to:
- coordinate service delivery and ensure necessary information exchange for the duration of the placement with parental consent; and
- provide advice of the child's return home, or any other action taken by the department that is relevant to youth justice service delivery.
The CSO is to ensure that, as far as practicable, the child's parents attend, and participate in, all youth justice processes for the duration of the child's placement with parental consent. These processes include youth justice reviews and meetings, court proceedings and youth justice conferences.
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Youth justice conferences
Where a child is subject to the specified ongoing interventions, the child's parents retain all custody and guardianship rights and responsibilities for the child as the child's legal parent. The CSO with case responsibility for the child must participate in a youth justice conference where considered necessary and appropriate by the conference convenor, unless otherwise negotiated between an approved convenor and a departmental team leader or manager.
The child's carer would not usually attend a youth justice conference when a child is subject to the specified ongoing interventions, 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
- agreed to by the convenor.
CSO participation in youth justice reviews and meetings, or court proceedings
Where a child is concurrently subject to a support service case, intervention with parental agreement or a non-custodial child protection order, the CSO is not generally required to participate in youth justice reviews or meetings, or to attend youth justice court proceedings. The CSO may, however, do so in the following circumstances:
- where it is considered appropriate by the CSO and team leader;
- where requested by the court; and
- where requested by the child and family and/or the youth justice case worker, unless otherwise agreed during discussions between the departmental team leader and the Communities team leader.
Where the CSO does not attend youth justice reviews, meetings or court proceedings (as requested), the CSO is to record on the child's file the reason for the decision based on the agreement reached by the respective team leaders.
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 departmental 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;
- 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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