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Home > Chapters > 2. Investigation and assessment > What ifs - responding to specific investigation and assessment matters

What ifs - responding to specific investigation and assessment matters

1. What if an investigation and assessment case needs to be transferred?

The transfer of an investigation and assessment:

The transfer process will occur in a manner that prioritises the safety of the child and the provision of continuous and planned service delivery to the child and family.

To transfer an investigation and assessment, the transferring CSSC:

The receiving CSSC:

If a family leaves an area during an investigation and assessment, on an unplanned basis, the transferring CSSC retains case responsibility until the transfer process is completed. The transferring CSSC will:

The receiving CSSC must:

If the investigation and assessments is for a child or family in another jurisdiction, refer to Chapter 1, 1. What if the child protection concerns are about a child in another jurisdiction? and 14. What if assistance is required from another jurisdiction?

It is the responsibility of CSSC managers to resolve any disagreement that may occur during the transfer process of investigation and assessment cases.

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2. What if a parent will not consent to actions required - use of a TAO?

Under the Child Protection Act 1999, part 2, section 23-36, a TAO can be sought at any stage during an investigation and assessment, where a parent will not consent to actions considered essential for the completion of the investigation and assessment. The magistrate may decide the application for a TAO without notifying the child's parents of the application or hearing them on the application.

For more information about the provisions available under a TAO, refer to the practice resource Assessment orders.

To apply for a TAO:

Note: The application must advise the magistrate what actions were taken in relation to the child during any period of custody of the child under the Child Protection Act 1999, section 18. The magistrate must be satisfied that reasonable steps have been taken to obtain the consent of at least one of the child's parents to do the actions sought to be authorised under the order, or that it is not practicable to take steps to obtain the consent (Child Protection Act 1999, section 27(2)).

When a TAO is granted by a magistrate:

Duration of the TAO

A TAO cannot remain in effect for longer than three days, from midnight on the date it was decided, for example, a TAO decided on Tuesday will end on Friday. The provisions of a TAO cannot be exercised once the order has ended.

If the magistrate is satisfied that Child Safety Services intends to apply for a CAO or a child protection order, the TAO can be extended, once only, to the end of the next business day. This allows the application for another order to be lodged with the court during business hours. The application for another order must be lodged before the court closes on the day the TAO expires. Complete the application for the TAO extension in the same event in ICMS as the initial application.

Under the Child Protection Act 1999, section 99, a custody provision made in a TAO will continue until the application for the CAO is decided.

Assessing safety prior to returning a child to the care of the parents

When a child has been placed in out-of-home care subject to a TAO granting custody to the chief executive, conduct an assessment of the child's safety prior to returning the child to the care of the parents. To assess the child's safety, consider all of the available information and complete the safety assessment.

If the child is considered to be 'unsafe', determine the appropriate custody intervention that will ensure the child's safety and where applicable, lodge an application for a CAO or child protection order, before the TAO expires.

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3. What if a parent will not consent to actions required - use of a CAO?

Under the Child Protection Act 1999, section 37-51, a CAO can be sought at any stage during an investigation and assessment, where a parent will not consent to actions considered essential for the completion of the investigation and assessment, or it is not practicable to obtain the parent's consent, and it has been determined that more than three days will be necessary to complete the investigation and assessment.

This includes circumstances where initial contact has occurred, but consent for subsequent actions is refused by the parents.

For more information about the provisions available under a CAO, refer to the practice resource Assessment orders.

To apply for a CAO:

When a CAO is made:

For further information on recording a CAO application and outcomes in ICMS, refer to the resource CPE2 - Linking of court orders.

Duration of the CAO

A CAO cannot remain in effect for any longer than 28 days, from midnight on the date it was decided. The provisions of a CAO cannot be exercised once the order has ended.

If an investigation and assessment cannot be completed in the 28 day period, a CAO can be extended, once only, to allow the investigation and assessment to be completed. The court can only extend a CAO if satisfied that it is in the child's best interests. The application for an extension of a CAO must be lodged before the expiry of the original CAO, and can be for no more than 28 days. Complete the application for the CAO extension in the same event in ICMS as the initial application.

Before a decision is made to apply for an extension of a CAO, depending on the child's age and level of understanding, consult the child to obtain their views about arrangements for their care for the duration of the extension.

When a child is subject to a CAO and an application for a child protection order granting custody or guardianship will be made, and custody of the child needs to continue until the application is decided, the application for a child protection order must be lodged before the CAO expires.

Assessing safety prior to returning a child to the care of the parents

When a child has been placed in out-of-home care subject to a CAO granting custody to the chief executive, conduct an assessment of the child's safety prior to returning the child to the care of the parents. To assess the child's safety, consider all of the available information and complete the safety assessment.

If the child is considered to be 'unsafe', determine the appropriate custody intervention that will ensure the child's safety and where applicable, lodge an application for a child protection order, before the CAO expires.

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4. What if a joint investigation with the Queensland Police Service is required?

Child Safety Services has a legislative responsibility to immediately notify the QPS where it is reasonably believed that harm to a child may have involved the commission of a criminal offence relating to the child (Child Protection Act 1999, section 14(2)).

Where this occurs, in consultation with the QPS, determine whether there will be a joint investigation. A joint investigation allows each agency to meet their respective statutory responsibilities while addressing the protection needs of the child. It links Child Safety Services' role of investigating and assessing harm and risk of harm with the criminal investigation role of the police.

For further information about the roles and responsibilities of each agency, when conducting a joint investigation, refer to the practice resource Planning for and undertaking a joint investigation.

Refer the matter to the QPS

To refer a matter to the QPS, complete a Police Referral Fax, and provide this, along with a copy of the child concern report or notification, where relevant. If requested, the CSO may inform the QPS of the notifier's identity, to enable the QPS to perform their functions under the Child Protection Act 1999.

Send the information to the QPS, in descending order, to the officer in charge of the nearest:

Following the written referral, contact the QPS by phone, to determine whether a joint investigation is required, and where applicable, to commence joint planning.

Note: Where the Department of Education and Training or another notifier contacts Child Safety Services with concerns about the possible commission of a criminal offence against a child who is attending school, immediately provide the written referral and follow up with a phone call to the QPS. This will allow the best opportunity for ICARE interviews to be conducted within school hours.

Ensure the regular exchange of information between Child Safety Services and the QPS for the duration of the joint investigation, and where applicable, on an ongoing basis, for example, regarding criminal court proceedings and outcomes.

Undertake joint planning

When a joint investigation is required, prior to the commencement of the criminal investigation and investigation and assessment, contact the investigating police officers and plan the joint investigation.

Once planning is complete and prior to the commencement of the joint investigation:

When the matter requires urgent attention and the QPS are unable to attend within the required Child Safety Services' response timeframe, notify the QPS of the decision to proceed and the reason for doing so. In this circumstance, prior to an investigation and assessment commencing, the team leader:

Ensure that the QPS is kept informed and updated during the investigation and assessment process.

Interview the child and record evidence

Where an interview with a child is conducted in accordance with the Evidence Act 1977, section 93A, the interview should, where practicable, be undertaken by an officer (whether Child Safety Services or QPS) who is accredited in Interviewing children and recording evidence (ICARE). Whenever possible, ICARE interviews should be conducted jointly with the QPS. In such circumstances, the police officers and Child Safety Services' officer should discuss all relevant material and the most appropriate and effective approach to conducting the interview, prior to the interviews being conducted.

In the absence of the QPS, follow existing investigation and assessment procedures for record keeping, but do not use video or audio equipment to record a child's interview - this includes ICARE trained Child Safety Services' staff. File any written records made during the interview on the child's paper file. Copies of these interview notes may be provided to the QPS.

Where an interview of a child is being conducted by Child Safety Services' officers only and the child begins to make disclosures of harm relating to a criminal offence, cease the interview and seek immediate advice from the QPS. In this situation:

In the absence of QPS, if an interview is conducted by a Child Safety Services' officer who is accredited in ICARE and a child makes a disclosure regarding an offence and ceasing the interview would hinder the provision of information and safety of the child, the ICARE process of interviewing will continue, and the QPS will be contacted immediately after the interview.

In this circumstance, provide all interview notes to the QPS. The Child Safety Services' officer may also be required to provide a statement to the QPS regarding the disclosures made by the child during the interview. Subsequent interviews with the child are most likely to be led by the QPS, who will facilitate the recording of the interview. The Child Safety Services' officer will document their participation in the interview in a case note in the child's file.

Interview the alleged offender

Following a child's disclosure of harm, it is QPS policy and procedure that interviews involving possible offenders are to be conducted by police officers. In this circumstance, if there is to be a joint investigation, the QPS will decide who will conduct the interviews and when they will occur.

In some instances, where the alleged offender is a parent of the child, and where appropriate, the Child Safety Services' officer may be permitted to view the interview from a viewing room and take relevant notes. If the police conduct an interview without a Child Safety Services' officer being present, or where a Child Safety Services' officer has only viewed an interview, the officer will also interview both parents prior to finalising an investigation and assessment.

On occasion a police officer may decide that it is more appropriate or convenient for an interview to occur in a person's home or another location. Where such an interview is conducted by police with a parent or guardian, for example, conducted at the residential address of a parent, the interview may be conducted in the presence of the Child Safety Services' officer.

In circumstances where the QPS are not able to attend interviews, Child Safety Services is still obliged to investigate and assess the safety and well-being needs of the child, without addressing the criminal matters with the parents.

Obtain information from the QPS

If a Child Safety Services' officer requires a copy of the taped interview or information obtained during an interview, the CSSC manager requests the information from the QPS in writing, by completing the Request for information pursuant to chapter 5A form. Where QPS approval has been granted, it may be possible for the video evidence to be viewed at the police station.

An audiotape provided to a Child Safety Services' officer remains the property of the QPS and must not be released to a third party.

Any person that does not work for Child Safety Services, that requests access to the audiotape, will be referred to the QPS.

Refer the matter to a SCAN AM Team

The Child Safety Services' officer is required to refer any matter to a SCAN AM Team, where it meets the mandatory referral criteria and one of the five Child Safety Services' referral criteria outlined in the SCAN AM Team referral form (SCAN form 1). The QPS is required to refer any matter to a SCAN AM Team, where it meets the mandatory referral criteria and one of the five QPS referral criteria outlined in the 'SCAN form 1'.

A referral to a SCAN AM Team does not constitute meeting the legal requirement for Child Safety Services to immediately notify the QPS of information under the Child Protection Act 1999, section 14(2).

For further information in relation to the SCAN System, refer to the SCAN System inter-agency policy and procedures, September 2006.

Resolve differences of opinion

At times there will be differences of opinion between officers of Child Safety Services and the QPS, due to the different roles and legislative responsibilities and priorities. These differences are to be resolved as soon as possible after they arise and with the safety of children as the key priority.

Note: For further information about notifying the QPS of possible criminal offences refer to Chapter 10.3 Statutory obligation to notify the Queensland Police Service of possible criminal offences and the practice resource Schedule of criminal offences.

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5. What if a child needs to be interviewed without parental consent - section 17?

The Child Protection Act 1999, section 17, enables an authorised Child Safety Services' officer or police officer to have contact with a child at a school, or place where child care is provided, to investigate allegations, before the parents are told, if the officer reasonably believes that:

Interview the child prior to parents

Interview the child prior to interviewing the parents when:

Use of section 17 to have contact with a child

When it is considered necessary to have contact with a child, prior to the parents being told of the contact with the child and the reasons for the contact, the use of powers under the Child Protection Act 1999, section 17 is required.

Prior to exercising the use of powers:

If access is denied, the power cannot be exercised and other options for contact with the child must be considered.

When contacting the principal, or other person in charge, discuss:

In addition, negotiate the following matters with the principal, or person in charge:

When discussing whether a staff member will be present, advise the principal or person in charge of the alleged nature of the concerns prior to the interview, and advise that the person may be called to give evidence as a result of their participation in the interview.

Note: If the interview is an ICARE interview with the QPS, the support person should not be the person the child initially made disclosures of harm to, as this person may be considered by the QPS as a witness for any subsequent criminal proceedings.

At the commencement of the interview, show identity cards to the principal or other person in charge and ensure that the child will be safe and supported during the interview process, by having a support person of their choice, from that location, present.

Implement actions following the use of section 17 powers

Immediately following the interview, advise the principal or person in charge of the actions that will be taken by Child Safety Services, of any immediate support needs the child has and that Child Safety Services will advise the parents of the contact with the child and the outcome.

As soon as practicable after the interview, tell at least one of the child's parents that the Child Protection Act 1999, section 17, was used to have contact with the child and the reasons for the contact. Make whatever effort is necessary to ensure that the parents are informed about the contact with the child prior to the child seeing their parents. It is the responsibility of Child Safety Services to inform parents of the contact with the child - do not place this responsibility on any other person.

In addition, advise the parents of your name, position and department, show them your identity card and commence interviews regarding the concerns. Undertake a safety assessment with the family to determine the safety of the child in the household.

Record details of the contact with the child at the first reasonable opportunity in the 'Record of use of powers' in ICMS, regardless of whether a Child Safety Services' officer or QPS officer has exercised the power.

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6. What if Child Safety Services is contacted about additional concerns for a child or an unborn child?

When an investigation and assessment is in progress and has not yet been approved in ICMS, and new child protection concerns are received independently  from a notifier (that is, not as part of the current investigation and assessment process), determine the correct way to record them in ICMS, as follows:

Once concerns are recorded in an 'additional notified concerns' form, do not record the information again, either as a child concern report or a notification (the current message in the ICMS form to either ‘Record a child concern report’ or ‘Record a notification’) refers to whether or not the additional concerns reach the threshold for a notification.

The allocated CSO is responsible for investigating and assessing all information received about the family during the course of the investigation and assessment, until the investigation and assessment is finalised and approved in ICMS. This includes:

There is no limit to the number of additional concerns that may be recorded as part of one notification and investigation and assessment process.

When additional notified concerns are received:

Where the investigation and assessment has commenced prior to a decision that additional concerns meet the threshold for a notification, the subject child must be sighted and interviewed again, to meet the new response timeframe and assess the additional concerns. Where the additional concerns do not meet the threshold for a notification, there is no need to re-interview or re-sight the child, however, consider the information in the context of assessing and finalising the open investigation and assessment.

Where additional notified concerns are received and recorded and the information is to be transferred to another CSSC, the team leader is responsible for electronically approving the 'additional notified concerns' form in ICMS, prior to the transfer occurring.

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7. What if the investigation and assessment is for an unborn child?

The purpose of an investigation and assessment prior to the birth of a child is to assess the likelihood that an unborn child will need protection after birth and determine what help and support can be offered to the pregnant woman, and where relevant, her partner or the father of the unborn child. Refer to the Unborn Child Checklist for an overview of the specific steps required.

Any intervention by Child Safety Services must occur with the consent of the pregnant woman and not interfere with her rights and liberties.

Before commencing the investigation and assessment

Prior to commencing the investigation and assessment for an unborn child, the team leader must decide whether to either:

An investigation and assessment for an unborn child is considered to have commenced when a pregnant woman is first sighted, interviewed and consents to the investigation and assessment.

Do not continue with the investigation and assessment if, at the outset of an investigation and assessment the woman:

Seek confirmation that the woman is not pregnant from the woman's medical practitioner, if their details are known. This action does not require the woman's consent.

Delay commencement of the investigation and assessment

The decision to delay the commencement of an investigation and assessment until after the birth of a child will only occur when there is a high probability that, if alerted to the concerns, the pregnant woman would relocate to avoid intervention by Child Safety Services at the time of the birth, thus placing the newborn baby at increased risk of harm.

When the commencement of the investigation and assessment has been delayed:

In circumstances where, following the decision to delay an investigation and assessment, a subsequent decision is made to proceed, on the basis of new information received about the family, the team leader is responsible for recording the rationale and date of the decision to proceed with the investigation and assessment before the child's birth in the 'Assessment and Outcome' form in ICMS.

Investigate and assess the concerns

Where consent has been given by the pregnant woman, investigate and assess the likelihood that the child will be in need of protection after birth, including:

The safety assessment and family risk evaluation are not completed for the investigation and assessment of an unborn child unless the child is born prior to the approval of the investigation and assessment.

Use the following to assist the assessment:

Investigating concerns about an unborn child and their siblings

When an unborn child and their siblings are both listed as subject children in a notification, investigate and assess the concerns specific to the unborn child, in addition to those relating to the siblings. If the pregnant woman does not consent to the investigation and assessment of the unborn child, clearly record that the woman did not consent, in the investigation and assessment event in ICMS, and proceed with the investigation and assessment of the siblings.

While the investigation and assessment of the unborn child cannot proceed in this circumstance, information from the investigation and assessment of the siblings will inform future action and any planning by Child Safety Services in relation to the unborn child after birth.

If it becomes apparent during an investigation and assessment for a child, that the mother is pregnant, use professional judgement to make a decision about whether the unborn child will be recorded as a 'subject child' or an 'other child' in ICMS. Where the decision is to record the unborn child as a 'subject child':

Actions when unable to commence an unborn child investigation and assessment

In circumstances where the investigation and assessment is unable to be commenced prior to the child's birth, for client reasons:

Keep the investigation and assessment event in ICMS open until either:

Investigation and assessment outcomes

For an unborn child, one of the following outcomes may be recorded:

For further information refer to 4.2 Record the investigation, assessment and response.

Record a notification after the birth of a child, if required

The purpose of recording a new notification following the birth of the baby is to determine the child's current protection needs and whether ongoing intervention is required to ensure the protection and care needs of the child are met.

Record a new notification immediately following the birth of the baby or the receipt of the HRA Form 2: Unborn child high risk alert: Notification that pregnant woman has presented for delivery (HRA Form 2), when the outcome of an investigation and assessment completed prior to the birth of a child was 'substantiated - child in need of protection' and either:

Where it is assessed that a newborn baby must be separated from the mother's care following the birth, refer to 2.5 Complete the safety assessment.

If Child Safety Services is contacted about additional concerns for an unborn child, refer to 6. What if Child Safety Services is contacted about additional concerns for a child or an unborn child?

Complete an HRA form 3, if required

Complete and forward an HRA Form 3: Cessation of unborn child high risk alert to all relevant hospitals when, either:

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8. What if a child is at immediate risk of harm - use of section 16 or 18?

When undertaking an investigation and assessment, an authorised Child Safety Services' officer or police officer has the power to have contact with a child at immediate risk of harm (Child Protection Act 1999, section 16) or to take a child who is at immediate risk of harm into custody (Child Protection Act 1999, section 18).

These powers may be exercised with help and the use of force deemed reasonable in the circumstances. Prior to taking any action under the Child Protection Act 1999, section 16 or 18:

If the power is exercised prior to consultation due to the nature of immediate risk to the child, advise a team leader as soon as possible following the use of the power. If a Child Safety Services' officer is accompanied by the QPS, the QPS may use discretionary powers to enter and search, and remain on a premise.

For information about when the Child Protection Act 1999, section 16 and 18 can be exercised, refer to the practice resource Use of powers for a child at immediate risk - section 16 and 18.

Note: Custody of a child under the Child Protection Act 1999, section 18, overrides any other child protection order granting custody or guardianship to someone other than the chief executive, made under the Child Protection Act 1999.

Use section 16 to have contact with a child at immediate risk

When exercising the use of powers under the Child Protection Act 1999, section 16, advise the parents of:

If an authorised officer damages property while exercising this power, provide a written notice of particulars of the damage to the owner or leave this notice at the property and retain a copy of the notice (Child Protection Act 1999, section 154).

In addition, during the investigation and assessment:

Record details of the contact at the first reasonable opportunity in the 'Record of use of powers' form in ICMS, regardless of whether a Child Safety Services' or QPS officer has exercised the power.

Note: If after contact is made, the parents refuse to allow further contact with the child to complete the investigation and assessment, the CSO should apply for the appropriate assessment order - refer to 2. What if a parent will not consent to actions required - use of a TAO? or 3. What if a parent will not consent to actions required - use of a CAO?

Use of section 18 to take a child at immediate risk into custody

When exercising the use of powers under the Child Protection Act 1999, section 18, take reasonable steps to advise at least one parent of:

If an authorised officer damages property while exercising this power, provide a written notice of particulars of the damage to the owner or leave this notice at the property and retain a copy of the notice (Child Protection Act 1999, section 154).

In addition, during the investigation and assessment:

Record details of the contact at the first reasonable opportunity in the 'Record of use of powers' in ICMS, regardless of whether a Child Safety Services' officer or QPS officer has exercised the power.

Implement actions following the use of section 18 powers

Following the use of section 18 powers, apply for a TAO as soon as practicable, but within eight hours after the power is exercised. Custody to the chief executive ends either when the TAO application is decided or eight hours after the power has been exercised, whichever is the earlier timeframe.

Complete a subsequent safety assessment prior to any decision to return the child to the home. If it is determined that it is safe for a child to be returned to the custody of their parents, the TAO application must still be made, even when custody is no longer required prior to the order being made.

Facilitate a medical examination, where applicable

When a child is taken into custody under the Child Protection Act 1999, section 18, a medical examination or medical treatment may be arranged for the child, if it is urgent or reasonable in the circumstances. If the need is not urgent, the CSO must wait until a magistrate grants a TAO.

For further information about medical examinations, refer to 9. What if a child needs a medical examination?

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9. What if a child needs a medical examination?

A 'medical examination' is a physical, psychiatric, psychological or dental examination, assessment or procedure, and includes forensic examination and an examination or assessment carried out by a health practitioner, as defined in the Child Protection Act 1999, schedule 3.

When to consider a medical examination

As part of the investigation and assessment, a medical examination of the child, or a specialist assessment by a health worker professional may be considered necessary to ensure the child's immediate health and safety, or to inform the outcome of the investigation and assessment.

Wherever possible, speak with the child first about the incident, or the injuries they may have, to ensure that:

Consider whether a medical examination of the child is required in the following circumstances:

When to undertake an urgent medical examination

During an investigation and assessment, make arrangements for an immediate medical examination of any child, even if the child does not appear 'unwell', who:

In most circumstances a paediatrician with child protection experience is preferred for the undertaking of a medical examination.

Parental consent for a medical examination

In all cases, plan the medical examination and seek parental permission to have the child medically examined. In circumstances where the parents will not give their permission, the Child Protection Act 1999, section 97, enables a medical practitioner to carry out an examination or treatment without consent of the parents when:

In this situation the medical practitioner must:

Inform the child

Consider the best way to inform the child and seek their views about the need for a medical examination. This may involve assisting the parent to explain the need for a medical examination to the child.

A child should not be forced to have a medical examination. The decision to proceed, will depend on the age and 'Gillick' competency of the child and the need for immediate treatment, and will be made by the examining doctor. For information about Gillick competency, refer to the practice resource Investigation and assessment - key concepts and definitions.

Determine the appropriate time for the examination

For urgent matters, arrange for an immediate medical examination. In other circumstances arrange the medical examination as soon as possible after sighting or interviewing the child, to allow timely medical examination and treatment. A medical examination following an alleged sexual assault must occur within 72 hours for the collection of evidence.

Ensure that there is sufficient planning with medical professionals, and where there is a joint investigation, the QPS, to co-ordinate interviews and medical examinations. Where the police are not involved, ensure that Child Safety Services' interviews and medical examinations occur in the most appropriate order.

Attendance of the parents at the examination

Ensure that a parent or someone nominated by a parent always accompanies the child to the medical examination. It is important that a parent or nominated person attends the examination to provide relevant child and family medical history. The nominated person cannot be:

A parent's attendance at the child's medical examination cannot be prevented, unless Child Safety Services decides the parent's attendance at the examination would jeopardise a criminal investigation or expose the child to harm and either:

If a medical examination or treatment occurs by the use of statutory powers under the Child Protection Act 1999, still make every effort to encourage and assist the parents to attend the medical examination, unless this would jeopardise a criminal investigation or expose the child to harm.

A Child Safety Services' officer may transport and accompany the child and parent or nominated person to the appointment, however, they cannot transport the child unaccompanied by the parent or their nominated person, unless there is a TAO or CAO in place.

Record the outcome of the medical examination

Record the details and outcome of the child's examination in ICMS and where a written report is also provided by the medical practitioner or specialist, file a copy on the child's file and attach the report to the investigation and assessment event in ICMS.

Any outcomes from medical examinations that occur as part of an investigation and assessment are to be incorporated into the subsequent health assessment. This will ensure the health assessment is adequately informed and will also avoid duplicating medical examinations or treatment. For further information refer to Chapter 5, 2.3 Develop a child health passport.

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10. What if a child needs to be placed under an Assessment Care Agreement?

An assessment care agreement is an agreement, signed by a parent that allows a child to be placed with an approved carer during the investigation and assessment phase. If the parents agree to an assessment care agreement, they retain all custody and guardianship rights and responsibilities during the period of the care agreement.

An assessment care agreement:

For further information, refer to Chapter 5, 3. Decision-making for the child.

When a child needs to be placed during an investigation and assessment:

It is generally not appropriate to supervise the child's contact with the parents during the assessment care agreement period, given the voluntary nature of the agreement. There may be occasions where it is assessed that the risk to the child during contact may be high, however, the parents have agreed to both the placement under the assessment care agreement and to supervised contact, and therefore an assessment order is not appropriate. In these cases, the contact will be supervised, and this contact may also provide an opportunity for observations of the interactions that will constitute part of the assessment of the parents' ability to meet the child's protection and care needs.

When a child subject to an assessment care agreement is subsequently assessed as being in need of protection, a decision may be made to continue the out-of-home care placement as part of ongoing intervention. Where this is to occur with the parents agreement, the assessment care agreement will end and a child protection care agreement needs to be negotiated with the parents (refer to Chapter 6, 3. Place a child using a child protection care agreement).

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11. What if a matter needs to be referred to the SCAN System?

When undertaking an investigation and assessment, it may be appropriate to make a referral to a SCAN AM Team if the core member representative assesses that the case meets the two mandatory referral criteria and will benefit from discussion and planning by senior officers and inter-agency co-ordination of service delivery.

For further information, refer to the SCAN System inter-agency policy and procedures, September 2006.

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12. What if a child and family cannot be located?

All reasonable steps must be taken to locate a family subject to a notification within the response priority timeframe. Where a family cannot be located, consider the following actions:

Note: The Commonwealth and Child Safety Services have agreed procedures under an Information Sharing Protocol between the Commonwealth and Child Protection Agencies that allow Centrelink to release a family's last known whereabouts to an authorised officer however local Centrelink officers are not able to assist and requests are only to be made via Data Management Services after all other attempts to locate a family have been exhausted.

To request the whereabouts of a family from Centrelink, complete the Centrelink request form and e-mail the form to DMS (DMS_Centrelink@childsafety.qld.gov.au) with a subject heading of ‘Response Priority: Centrelink Request for Family Name’. For assistance with making a request, please contact DMS on telephone 3235 9918.

Record the outcome of attempts to locate a family

When it has not been possible to commence an investigation and assessment and the team leader is satisfied that all reasonable attempts have been made to locate the family, taking into account the seriousness of the concerns, the potential risk of harm and the age and vulnerability of the child:

If there is a subsequent notification and the family has been located:

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13. What if parents refuse to allow contact with a child?

If during an investigation and assessment, a parent refuses entry to the home, or contact with the child:

If the parents continue to refuse contact, determine the appropriate powers or assessment order to be used to allow the investigation and assessment to be conducted, either:

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14. What if assistance is required from another jurisdiction?

When there is a notification on a child who currently resides in Queensland, but the parent or carer who is the alleged person responsible resides in another jurisdiction, Child Safety Services may request assistance from another state, territory or New Zealand (jurisdiction) to complete the investigation and assessment.

To request assistance for the completion of an investigation and assessment:

The ILO will:

If the other jurisdiction agrees to assist, the ILO will obtain the report of the interviews with the nominated parties upon their completion.

If the whereabouts of the family in another jurisdiction is unknown, request an interstate alert - refer to the procedures in Chapter 1, 1. What if the child protection concerns are about a child in another jurisdiction? If updated information is received about the family or the family's whereabouts, notifiy the ILO immediately.

If a family relocates to another jurisdiction prior to the investigation commencing, request an interstate notification - refer to the procedures in Chapter 1, 1. What if the child protection concerns are about a child in another jurisdiction? The other jurisdiction will respond to the concerns received in accordance with their legislative requirements and no further action is required.

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15. What if another jurisdiction requests assistance with an investigation and assessment?

When another state, territory or New Zealand (jurisdiction) requests assistance from Queensland to complete an investigation and assessment that is being conducted in that jurisdiction, the ILO will:

The receiving CSSC will:

Use professional judgment to decide whether or not, during the investigation and assessment, to ask direct questions relating to assessing and deciding the provision of placement information to parents. In circumstances where the removal of a child is likely to occur, gather information to inform decisions about the provision of placement information to parents. For further information refer to Chapter 5, 1.8 Assess the provision of placement information to parents and Chapter 5, 1.10 Provide placement information to parents.

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16. What if a young person is subject to youth justice intervention?

When an investigation and assessment is conducted in relation to a child who is also subject to youth justice intervention, contact the youth justice case worker to:

A Department of Communities’ (Youth Justice Services) officer may act as a support person for the child during the interview or investigation and assessment process, when requested by the child or their family.

Any involvement by Youth Justice Services in the implementation or monitoring of a safety plan for a child, is to be negotiated by Child Safety Services with the youth justice case worker or their line manager.

When a child subject to youth justice services is in the custody of the chief executive:

The involvement of Youth Justice Services’ officers in the SCAN System, and the sharing of relevant information between departments, is to occur in accordance with the SCAN System inter-agency policy and procedures, September 2006.

When the investigation and assessment is completed and if the Department of Communities remains involved with the child, contact the youth justice case worker and provide the following information, where the information is likely to impact on the child's youth justice case plan:

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17. What if a family is subject to Witness Protection Program?

At times, families who are subject to the Witness Protection Program through any one of the state or territory police services may reside in Queensland and be the subject of a notification. These families have a heightened need for confidentiality, due to the importance of protecting their identity, whereabouts and personal safety.

Witness protection in Queensland is administered by the Crime and Misconduct Commission, but is operationalised by the QPS Witness Protection Unit.

When it becomes known during an investigation and assessment that a family is subject to witness protection:

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Last updated
18 September 2009