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3. Assess the notified concerns and the child's need for protection

3.1 Complete the family risk evaluation

The purpose of the family risk evaluation is to provide an objective evaluation about the probability of further incidents of abuse or neglect by a parent in the family, which may result in harm to a child in the next 12-24 months, and help guide decision-making about the need for ongoing intervention with the family to reduce the likelihood of future harm.

The family risk evaluation is completed after all the investigation and assessment information has been gathered and prior to the determination of the investigation and assessment outcome. It includes two sets of questions, or indices - one for neglect and one for abuse. Each possible answer has an assigned score. The scores from each of the indices are totalled and the highest score becomes the 'scored risk level' for the family. The 'scored risk level' classifies the family into one of the following four risk levels:

low
moderate
high
very high.

The risk level recorded on the family risk evaluation will later be used as part of assessing the family risk re-reunification assessment to evaluate the family's progress.

The family risk evaluation is not completed for matters of concern or for the investigation and assessment of an unborn child, unless the child is born prior to the approval of the investigation and assessment, in which case, the family risk evaluation will be completed.

To complete the family risk evaluation:

complete one family risk evaluation only per household, or one for each family, where more than one family lives in one household
use the information gathered during the investigation and assessment and the definitions in SDM: Family risk evaluation to work through the list of questions and answer all questions for both the neglect and abuse indices - where the answer is unknown, take all possible steps to gather the information required
refer to the primary parent when answering each question
consult with the recognised entity when completing the family risk evaluation for an Aboriginal or Torres Strait Islander child
use professional judgement to determine whether either a policy override is applicable, which changes the 'scored risk level' to 'very high', or whether there are additional risk factors that require a discretionary override to increase the scored risk level
seek team leader approval for the use of a discretionary override, if required
record the family risk evaluation in ICMS and submit it to the team leader for approval.

For further information in relation to the primary parent and the use of a policy override, refer to the practice resource Family risk evaluation.

Use the final risk level to:
- assist decision-making about ongoing intervention (see Case open/close recommendation below).
- determine the amount and frequency of contact a CSO will have with a child and family during ongoing intervention (refer to Chapter 4, 4.2 Implement Child Safety Services' contact requirements).

Criminal history

Use information gathered from the parents about any criminal history. A formal request to the QPS for this information, using the Section 95 - Child Protection Act 1999 - Request should only occur in circumstances, such as:

the primary parent refuses to disclose their criminal history, and reliable information cannot be gathered from other sources
it is assessed that the primary parent has not fully disclosed their criminal history
it is alleged that the primary parent has a history of offences against children, but the full history is not available.

Case open/close recommendation

The family risk evaluation risk level does not determine whether a case is opened for ongoing intervention, but it assists the worker's professional assessment and decision-making about whether a child is in need of protection and, for families with a final 'scored risk level' of 'high' or 'very high', it recommends that a case be opened for ongoing intervention.

When the score is 'low' or 'moderate', and the child is not in need of protection, the matter will be referred to either another government agency or community service or closed.

For further information refer to 4.1 Determine whether there will be ongoing intervention.

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3.2 Determine whether the child is in need of protection

The purpose of an investigation and assessment is to determine whether a child is in need of protection (Child Protection Act 1999, section 10). A child in need of protection is a child who:

has suffered harm, is suffering harm or is at unacceptable risk of suffering harm
does not have a parent able and willing to protect the child from the harm.

Assessing a child's need for protection

The determination about the child's need of protection is informed by risk assessment. This risk assessment is based on professional judgement and a weighing up of:

the risk and protective factors as outlined in Practice guide: The assessment of harm and risk of harm
the outcome of the family risk evaluation, particularly where the outcome differs from the assessment of the authorised officer (refer to 3.1 Complete the family risk evaluation).

When the investigation and assessment is about an Aboriginal or Torres Strait Islander child, provide a recognised entity with the opportunity to be involved in the decision-making with regard to the decision about whether a child is in need of protection and the type of ongoing intervention that will occur including referral to a family support service.

The outcome of the investigation is not focused on whether an alleged incident or abusive action has occurred, but whether the child has been harmed and whether there is unacceptable risk of harm in the future. To complete an investigation and assessment, consider all of the information gathered and draw on relevant professional knowledge to analyse the information and determine the appropriate outcome for each child. This decision requires:

a holistic risk assessment for the child and family
an assessment of the protective factors present for the child and family.

The outcomes do not require the criminal standard of proof ('beyond a reasonable doubt'), but are determined on the 'balance of probability', that is, more likely than not. The rationale for the outcome must be clearly recorded.

For further information about these key concepts refer to the practice resource Investigation and assessment - key concepts and definitions.

The assessment allows the following questions to be accurately answered for each subject child:

Was the investigation and assessment completed for this child?
Has the child been harmed?
Is there unacceptable risk of future harm?
Is there a parent able and willing to protect the child from harm?

The answer to these questions, determines whether the child is in need of protection.

Determine an answer to the question 'Was the investigation and assessment completed for the child?

This question can only be answered 'yes' when the key steps for completion of the investigation and assessment have been undertaken, and there is sufficient information to accurately answer the three questions outlined below.

Determine an answer to the question 'Has the child been harmed?'

This question can only be answered 'yes' when actual harm has occurred and the harm is having a detrimental effect on the child's physical, psychological or emotional well-being (in accordance with the definition of harm in the Child Protection Act 1999, section 9).

If the answer to this question is 'yes', do not select any of the unacceptable risk of harm items for the child in ICMS.

Determine an answer to the question 'Is there unacceptable risk of future harm?'

This question can only be answered 'yes' when there is an unacceptable risk of harm - the answer to this question does not take into account the ability and willingness of a parent to protect the child. It focuses on the outcome of the family risk evaluation and whether there are current factors that place the child at unacceptable risk of harm, should no other factors mitigate the risk.

Determine an answer to the question 'Is there a parent able and willing to protect the child from harm?'

In order to answer this question, assess:

both parents to determine whether at least one parent is both able and willing to protect the child
the parents ability and motivation to protect the child - in circumstances where a child resides across two households, the ability and willingness of both parents to protect the child needs to be assessed.

In order to answer 'yes' to this question at least one parent must be both able and willing to protect the child. A parent may be willing to protect a child, but not have the means or capacity to do so. Alternatively, a parent may have the means and capacity to protect a child, but may not do so.

If there is at least one parent able and willing to protect the child, the child cannot be considered at unacceptable risk of harm and therefore, is not a child in need of protection.

Outcomes

Once the questions above have been answered for each subject child, one of the following outcomes will be recorded:

substantiated - child in need of protection
substantiated - child not in need of protection
unsubstantiated - child not in need of protection
no investigation and assessment outcome.

For further information about the outcomes, refer to the practice resource 4.2 Record the investigation, assessment and outcome.