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• Introduction
  • Acknowledgments
  • The Department of Child Safety
  • Relevant legislation
  • Other key departmental documents
  • Accountability for children in Queensland
  • Framework for the participation of children and young people in decision-making
  • Respecting diversity
  • Recognised Aboriginal and Torres Strait Islander entities
  • Delegations
  • Child safety service centres: Staff roles and responsibilities
  • How to use the Child Safety Practice Manual
• Practice maps
  • Child Safety framework
  • Intake
  • Investigation and assessment
  • Ongoing intervention
  • Matters of concern
• General procedures
  • i. Decision-making about Aboriginal and Torres Strait Islander children
  • ii. Staff safety and well-being
  • iii. Structured Decision Making
  • iv. Statutory obligation to notify the Queensland Police Service of possible criminal offences
  • v. Case management
  • vi. Information sharing
  • vii. Making a referral to Evolve
  • viii. Referral for active intervention services
  • ix. The role of the Child Safety After Hours Service Centre
  • x. Writing affidavits
  • xi. Responding to client complaints
  • xii. Recording alerts for a child and family
  • xiii. Providing adoption services
  • xiv. The video taping or recording of departmental staff
• Chapters
  • 1. Intake
  • 2. Investigation and assessment
  • 3. Use of powers
  • 4. Ongoing intervention
  • 5. Intervention with parental consent
  • 6. Intervention with a child protection order
  • 7. Children in out-of-home care
  • 8. Regulation of care
  • 9. Matters of concern
  • 10. Unborn children
  • 11. Transfers
  • 12. Professional supervision
  • 13. Critical incident reporting
  • 14. Child deaths
  • 15. Family Court of Australia
  • 16. Youth justice and child protection interface
  • 17. Interstate matters
• Appendices
  • Appendix A: Acronyms
  • Appendix B: Glossary
• Practice papers
• Quicklinks
  • Previous versions
  • Printable version
  • Resources
  • Updates

General procedures

• i. Decision-making about Aboriginal and Torres Strait Islander children
• ii. Staff safety and well-being
• iii. Structured Decision Making
• iv. Statutory obligation to notify the Queensland Police Service of possible criminal offences
• v. Case management
• vi. Information sharing
• vii. Making a referral to Evolve
• viii. Referral for Active Intervention services
• ix. The role of the Child Safety After Hours Service Centre
• x. Writing affidavits
• xi. Responding to client complaints
• xii. Recording alerts for a child and family
• xiii. Providing adoption services
• xiv. The video taping or recording of departmental staff

xiii. Providing adoption services

Purpose

This procedure outlines the process for delivering adoption related services in consultation with Adoption Services Queensland (ASQ).

Authority

• Adoption of Children Act 1964, section 10, 11, 19, 20, 22, 23, 24, 25, 26, 27, 27A, 50, 50A and 59.

Introduction

The department administers the Adoption of Children Act 1964 and the Child Protection Act 1999 and delivers a range of services to assist in reducing the incidence of harm to children in accordance with the chief executive's functions under the Child Protection Act 1999, section 7, and services to meet responsibilities under the Adoption of Children Act 1964.

While ASQ oversees the delivery of services required to fulfil responsibilities under the Adoption of Children Act 1964, for administrative efficiency, the resources of ASQ and CSSCs are coordinated to provide a number of specific adoption services.

CSSC staff, in consultation with ASQ, may be required to:

• provide pre-adoption consent counselling to enable parents to make an informed decision about consenting to their child's adoption;
• negotiate a voluntary placement agreement with parents for the care of a child for whom adoption is being considered and support a child's placement with approved foster carers while services are provided to the child's parents;
• witness parent/s consent to their child's adoption;
• witness the consent of children aged 12 years and over to their own adoption;
• arrange adoption for children subject to child protection orders where adoption is identified as a preferred option for securing the child's long-term alternative care; and
• assist people affected by adoption by providing one-off post adoption services, in certain circumstances.

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Providing pre-adoption consent counselling to parents

The ASQ manager and the CSSC manager that covers the geographic area where the parent/s reside will negotiate whether an ASQ adoption officer or a CSO from the CSSC will be the primary case worker. The primary case worker is primarily responsible for delivering pre-adoption consent counselling to the parent/s and arranging the child's voluntary placement

The central considerations in this negotiation will be:

• the area in which the child's parents reside (see below); and
• the capacity of the worker to prioritise the response for immediate follow-up.

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When parent/s reside in the Brisbane metropolitan area

If the parent/s reside in the Brisbane metropolitan area, the primary case worker can be either an ASQ adoption officer or a CSO from the CSSC. When negotiating this decision, the ASQ manager and the CSSC manager must consider how best to provide timely services to parents considering adoption for a new born baby or for a child.

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When parent/s reside outside the Brisbane metropolitan area

If the parent/s reside outside the Brisbane metropolitan area, the primary case worker must be a CSO from the CSSC that covers the geographic area where the parent/s reside.

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Supervision of services delivered by primary case worker

The ASQ team leader is responsible for supervising the delivery of services by the case worker irrespective of whether the worker is an adoption officer or a CSO. Supervision will occur either in person or by telephone, where distance prevents face-to-face meetings. The team leader ASQ will record relevant outcomes of the supervision in the Adoption Case Management System (ACMS).

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Primary case worker responsibilities

The primary case worker is responsible, under the supervision of the ASQ team leader, for:

• securing a voluntary placement for the child if the child's parent/s requests the child be placed while the parent/s receive pre-adoption consent counselling;
• supporting the child and carers during the voluntary placement, including liaising with the foster and kinship care service, where applicable, to ensure support for the carers;
• facilitating contact visits between the child and parent/s;
• facilitating the child's health care and health assessments;
• providing counselling and written information to parents about:
  • the social and emotional implications of adoption for the parties involved;
  • the legal effect of consenting to a child's adoption;
  • the consent process and revocation provisions;
  • the legal effects of an adoption order;
  • alternatives to adoption;
  • counselling and other family support services;
  • how adoptive parents are selected for a child;
  • post adoption exchange of correspondence between parties to an adoption and access to identifying information provisions;
  • the duties and responsibilities of the Director-General in placing the child; and
• attesting parents' consents in accordance with legislative provisions, policy and procedural requirements;
• arranging the extension of a voluntary placement, if applicable, while parent/s continue to receive pre-adoption consent counselling;
• establishing and/or investigating the identity and/or location of the child's birth father and documenting investigations for possible use as evidence in support of an application for dispensation of consent, where the birth parents are married;
• establishing and/or investigating the identity and/or location of the child's birth father and documenting investigations, to provide evidence of his views in relation to the proposed adoption, or the reason why these views have not been obtained, where the parents are not married.
• obtaining family and social background information to:
  • assist with selecting suitable adoptive parents for the child; and
  • provide the child and adoptive parents with information to assist the child's future physical and emotional development.

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Providing voluntary placements for a child whose parents are receiving pre-adoption consent counselling

A voluntary placement agreement may be entered into between the chief executive and parents considering adoption so that a child can be placed with approved carers while services are provided to parents.

Voluntary placements can be arranged for a child only when the child's parent is considering consenting to the child's adoption and must not be confused with a placement under a care agreement (Child Protection Act 1999, section 51ZD).

A voluntary placement agreement is for an initial period of up to 30 days. The agreement may be extended at the request of the parent, but a child should be subject to a voluntary placement for no more than six months in any 12 month period. Voluntary placement agreement forms are available from ASQ.

By signing a voluntary placement agreement, parents:

• grant custody of the child to the chief executive but retain all rights and responsibilities associated with the guardianship of the child, and have a right to be included in significant decisions about the child's care; and
• give the chief executive authority to make all decisions regarding the child's daily care, including with whom the child will live while the voluntary placement agreement is in place.

When a voluntary placement is made, the child can only be placed with an approved foster carer under the Child Protection Act 1999. Approved foster carers who care for a child through a voluntary placement are eligible to receive the same fortnightly caring allowance and applicable child related costs that would be payable to a foster carer caring for a child placed in the person's care under the Child Protection Act 1999.

Voluntary placements end if:

• the placement reaches the agreed end date and no further agreement has been entered into;
• an order is made under the Child Protection Act 1999 granting custody or guardianship of a child to the chief executive or another person; or
• the chief executive becomes guardian of a child after consents required the child's adoption have been provided or dispensed with in accordance with the requirements of the Adoption of Children Act 1964. In which case, in accordance with the Adoption of Children Act 1964, section 27(4), the chief executive may extend such benefits to, or in respect of, the child, as if the child were in the custody or under the guardianship of the chief executive for child protection under a child protection order under the Child Protection Act 1999.

The department may end the agreement at any time by providing two days notice and parents also have a right to end the placement at any time by providing two days notice.

If the child is considered to be at immediate risk by the parent/s ending the placement, the department may record a notification and apply for an assessment order under the Child Protection Act 1999 or use powers under the Child Protection Act 1999, section 18.

Parents have a right to have contact with the child during the voluntary placement but, because the child may later be adopted, it is not possible to provide them with the full name, address or phone number of the person/s caring for the child. Contact between the child and parent/s and between the approved carer and the parent will be arranged by ASQ or the CSSC that covers the geographic area where the parent/s reside.

The CSO is responsible for completing the 'Approved carer placement - Addition and deletion advice', to commence or cease the payment of fortnightly caring allowance, as applicable.

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Witnessing parent/s' consent to their child's adoption

If the child's parent/s chooses to consent to the child's adoption, the primary case worker continues to have primary responsibility for delivering services to the parent/s during the consent and post-consent phases.

The ASQ team leader continues to be responsible for supervising the delivery of services by the case worker irrespective of whether he or she is an adoption officer or a CSO. The ASQ team leader is also responsible for providing the CSO with information about the statutory obligations associated with taking the parent/s consent to the child's adoption.

The primary case worker witnessing the consent must:

• attest the parent/s consents in accordance with legislative provisions, policy and procedural requirements;
  • be satisfied that the person signing the consent is the parent or guardian of the child, in accordance with the Adoption of Children Act 1964, section 50;
  • be satisfied that the person giving consent was in a fit condition to give consent, in accordance with the Adoption of Children Act 1964, section 24;
  • explain those parts of the Adoption of Children Act 1964 that relate to giving consent so that, in accordance with sections 24 and 50 of the Act, he or she can be satisfied that the person understood the effect of the consent and is giving consent voluntarily;
  • summarise the revocation of consent process, including the provisions of the Adoption of Children Act 1964, sections 24 and 26A;
  • certify on the consent documents that it appeared to him or her that the person signing the consent was the parent or guardian of the child;
  • certify on the consent form and associated documents that the consent was dated on the day the person signed the consent, in accordance with the Adoption of Children Act 1964, sections 24 and 50;
  • not use undue influence to induce a parent or guardian to consent to a child's adoption or to influence the preferences a parent may express regarding the child's adoptive placement when giving consent, in accordance with the Adoption of Children Act 1964, section 50A;
  • be satisfied that no person has used undue influence to induce a parent or guardian to consent to a child's adoption or to influence the preferences a parent has expressed regarding the child's adoptive placement when giving consent;
  • advise of the guardianship arrangements that come into effect, if any, for the child after the consent has been signed, in accordance with the Adoption of Children Act 1964, section 27;
  • summarise the action to be taken in relation to contacting any other person whose consent to the child's adoption is required;
  • review and update information provided in the 'Family and medical history for your child' form;
  • provide a copy of the 'Information for parents considering adoption for their child' booklet; and
  • answer questions the parent may have regarding consenting to the child's adoption or any other related matter.

Copies of the 'Family and medical history for your child' form and the 'Information for parents considering adoption for their child' booklet can be obtained by contacting ASQ.

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Witnessing childrens consent to their own adoption

In accordance with the Adoption of Children Act 1964, section 26, an adoption order cannot be made in relation to a child who is more than 12 years of age unless the child consents to his or her proposed adoption. The consent of a child who is more than 12 years of age would usually relate to an application made by a step-parent or foster carer seeking to adopt the child.

ASQ will negotiate with the CSSC to determine whether the primary case worker responsible for delivering pre-adoption consent counselling and witnessing the consent of a child aged 12 years of age or older will be an ASQ adoption officer or a CSO from the relevant CSSC.

If a CSO is the primary case worker, the CSO, under the supervision of the ASQ team leader, is responsible for providing counselling and age appropriate written information to the child about:

• the social and emotional implications of adoption for the parties involved;
• the legal effect of consenting to adoption;
• the legal effects of an adoption order;
• alternatives to adoption;
• counselling and other support services;
• post adoption exchange of correspondence between parties to an adoption and access to identifying information provisions;
• the duties and responsibilities of the chief-executive in making adoption orders; and
• how consents must be witnessed to meet legislative, policy and procedural requirements.

If a child chooses to consent to his or her own adoption at the conclusion of pre-adoption consent counselling, the CSO under the supervision of the ASQ team leader, must:

• confirm that the child has received pre-adoption consent counselling;
• be satisfied of the identity of the child signing the consent;
• be satisfied that the child giving consent was in a fit condition to give consent;
• provide the child with information about the effect of consenting to an adoption, to assist the child make an informed decision;
• explain those parts of the Adoption of Children Act 1964 that relate to giving consent so that the CSO can be satisfied that the child understood the effect of the consent;
• certify on the consent form and associated documents that the consent was dated on the day the child signed the consent;
• not use undue influence to induce a child to consent to his or her own adoption;
• be satisfied that no person has used undue influence to induce a child to consent to his or her own adoption;
• summarise the action to be taken in relation to contacting any other person whose consent to the child's adoption is required; and
• answer questions the child may have regarding consenting to his or her own adoption or any other related matter.

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Pursuing adoption for children subject to child protection orders

CSSC and ASQ staff are required to work collaboratively in delivering services to secure permanent placements for children and sibling groups subject to child protection orders where:

• the parent/s of a child subject to a child protection order have indicated that they want to consider adoption for their child;
• the goal of the child's current case plan is to continue reunification but case planning has identified that, should the case plan goal change to cease reunification, the child's needs and circumstances are such that adoption may be the preferred option for securing the child's long-term alternative placement; or
• the goal of child's current case plan is to cease reunification and adoption has been identified as the preferred option for securing the child's long-term alternative placement.

In any of these circumstances the CSSC is responsible for:

• identifying strategies to achieve safe reunification and options for securing a child's permanent placement, including whether adoption may be appropriate if reunification cannot be achieved in a timely manner; and
• pursuing the appropriate order to secure the child's permanent care needs, if applicable.

If the case plan goal is to cease reunification and adoption is identified as the most appropriate option for a child requiring a long-term alternative placement, the CSSC must liaise with ASQ regarding:

• the consents that must be obtained or dispensed with by the Childrens Court or Supreme Court for the child's adoption to proceed;
• the child's specific long-term placement needs, including whether approval should be sought from the delegated officer (currently ASQ manager), to enable ongoing communication between the child and his or her birth family to occur after the adoption order is made;
• whether the child's current foster carers may be suitable prospective adoptive parents for the child or whether a suitable adoptive family needs to be identified by ASQ;
• the provision of pre-adoption consent counselling to parents and the child, if applicable;
• witnessing parent/s, and where applicable, the child's consent; and
• the evidence required to support an application to dispense with the consent of a person whose consent is required for the child's adoption to proceed.

The CSSC is responsible for working with the child, the child's parent/s and the child's current carer regarding:

• the child's proposed adoption;
• plans for maintaining the child's ongoing connection with parent/s, siblings, relatives, friends, culture, religion, school and community, as applicable;
• facilitating, in consultation with ASQ, the 'introduction' process and the transfer of custody of the child to the prospective adoptive parents, if applicable.

ASQ is responsible for:

• applying to the Childrens Court or Supreme Court for an order to dispense with the consent of a parent or guardian to the child's adoption;
• assessing a child's placement needs to assist in identifying the best possible adoptive parents for the child, including consideration of the child's current foster carers, if applicable;
• deciding whether people are eligible and assessing whether suitable to be prospective adoptive parents;
• approving a child's adoption by specific prospective adoptive parents;facilitating, in consultation with the CSSC, the 'introduction' process and the transfer of the custody of the child to the prospective adoptive parents, if applicable;
• considering whether the child's needs would be served by making an interim order (Adoption of Children Act 1964, section 33) in favour of the child's prospective adoptive parents so that post-placement supervision and support could be provided for an interim period before the adoption order is finalised; and
• finalising the adoption order.

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Responding to requests to provide one-off post adoption services

In response to certain critical or sensitive events, ASQ is required to contact parties to an adoption order made in Queensland, and may contact the CSSC in the geographic area which a person lives to request their assistance with contacting the person or providing sensitive information.

Interstate adoption service units and overseas adoption agencies sometimes contact ASQ to request that contact be made with, or a service be provided to, a person affected by an adoption order made in the interstate or overseas jurisdiction, who now lives in Queensland.

Wherever possible, ASQ provides one-off post adoption services directly or arranges to contract a worker or refers the matter to an appropriate community agency for attention. However, there are some occasions when due to the location or another factor it is not possible for ASQ to do so. In these instances, the ASQ manager will contact the CSSC manager to request assistance with providing a one-off post adoption service and advise what other options that have been pursued and why these options are not available.

If the ASQ manager requests such assistance, the CSSC manager must consider the request and wherever possible, arrange for the CSSC to provide the requested assistance.

One off post-adoption services may include:

• contacting an adopted person, who has lodged an objection to having contact with birth relatives, to provide critical health information;
• contacting a birth parent, who has lodged an objection to having contact with the adopted person, to request assistance with a critical health condition being experienced by the adopted person;
• contacting birth parents to advise them of the adopted child's death or the death of the child's adoptive parent/s;
• providing counselling, on behalf of an interstate or overseas adoption authority, which must occur before the adoption authority can provide identifying adoption information to an adopted person or birth parent living in Queensland; and
• responding to other special or sensitive circumstances.

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Recordkeeping

The delivery of services to parents considering adoption for their children, children subject to voluntary placements, parents consenting to a child's adoption and other adoption services must be recorded in the Adoption Case Management System (ACMS) regardless of whether the primary case worker is an ASQ adoption officer or a CSO from the relevant CSSC.

If a CSO is the primary case worker, he or she must provide the ASQ team leader with all information, case notes and other documentation regarding the services delivered to the parent, child and foster carers so that the ASQ team leader can arrange for appropriate records to be made in ACMS.

Any information recorded by a CSO in ICMS must comply with the Adoption of Children Act 1964, section 59, which contains confidentiality requirements that the department does not disclose to any person information that is likely to allow the birth and/or adoptive parent/s identities to become known. In order to comply with this requirement, all adoptive children's birth names will be classified as sensitive and will remain on the system as such. In some cases, the birth parents have other children who are not adopted, and may be subject to child protection intervention. In these cases, the birth parents' names will be classified as either standard or sensitive, as guided by ASQ.

	Recording sensitive clients (1.14)

The CSO is also responsible for creating and managing client files in the CSSC regarding the provision of adoption services in accordance with the department's 'Recordkeeping Framework - Adoption clients case management files (11.10)'.

	Approved carer placement - Addition and deletion advice (Word 31 KB) Recordkeeping Framework - Adoption clients case management files (11.10)

                  

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