3. Investigate and assess a matter of concern notification
When a matter of concern notification is recorded, the CSSC manager is responsible for ensuring that the following actions are completed within the six week timeframe:
- commence the investigation and assessment within 24 hours of the decision to record a matter of concern notification
- implement all aspects of the information provision requirements throughout the process
- assess whether a breach of the standards of care has occurred, and where it has, assess whether the child has experienced harm or is at risk of harm
- complete and record the investigation and assessment
- ensure an action plan is developed where a breach of the standards of care has occurred
- have the investigation and assessment, and where applicable, the action plan approved by a team leader in ICMS.
The Checklist for investigating and assessing a matter of concern notification is available to assist staff in the investigation and assessment process.
The ‘MOC - I&A’ event will be automatically generated in ICMS once the ‘MOC notification’ form is submitted for approval.
Where the information indicates that a staff member of a licensed care service may be responsible for harm of a serious nature, refer to 9. What if a staff member is responsible for concerns of a serious nature?
Critical incident report
Following the decision to record a matter of concern notification, where the alleged harm or risk of harm to a child in out-of-home care may have involved the commission of a criminal offence, complete and submit a Critical Incident Report Form, no later than close of business the following day, in accordance with the Critical incident reporting policy.
The team leader is responsible for informing the CSSC manager of the investigation and assessment outcome and where applicable, the details of the action plan.
The CSSC manager is responsible for ensuring that:
- a Critical Incident Report Form is completed, if required
- written information provision requirements have been completed.
Assistance by the Matters of Concern Review Unit
When issues cannot be resolved at the CSSC level, the CSSC manager or senior practitioner only, can request advice or assistance from the Matters of Concern Review Unit (MOCRU). For further information, refer to 8. What if assistance is required from the Matters of Concern Review Unit?3.1 Decide who will conduct the investigation and assessment
For a staff member of a licensed care service, the CSSC manager will nominate a team leader, senior practitioner or other experienced Child Safety Services' officer to conduct the investigation and assessment, along with the manager or coordinator of the licensed care service. This is due to the complexities associated with potential industrial relations matters in cases where a decision has been, or may be, taken to relieve staff of their usual responsibilities, whether on a temporary or permanent basis.
For all other matter of concern notifications, the allocated CSO will:
- be independent of the case, as far as possible
- will not be the CSO with case responsibility for the subject child
- will not be the CSO responsible for supporting the approved carer or staff member.
Unless a matter of concern relates to an employee of a licensed care service, interviews with the child and the approved carer or staff member will be conducted by two CSOs, or a CSO and the QPS, where a joint investigation with the QPS occurs.
The second CSO may be the CSO with case responsibility for the child, or another CSO determined by the CSSC manager.
3.2 Provide required information prior to planning
Provide verbal advice
Prior to planning the investigation and assessment, provide verbal advice of the decision to record a matter of concern notification to the following persons, where applicable:
- the CSO responsible for any child currently placed with the approved carer or staff member
- the recognised entity, where the child is Aboriginal or Torres Strait Islander - refer to Chapter 10.1 Decision-making about Aboriginal and Torres Strait Islander children
- the manager or coordinator of the licensed care service or another entity
- the Community Support Team (CST) manager of the zone with responsibility for the licensed care service or another entity
- staff of the relevant department, where another entity is funded or managed by another state or federal department.
Advise the parents of a child subject to a care agreement about the concerns, which standards of care the concerns relate to and the planned Child Safety Services' response as soon as possible.
When a child is subject to a child protection order, the assessment plan will incorporate when the parent will be informed.
Provide written advice
Following the provision of verbal advice, complete the Letter to approved carer/staff member – advice of matter of concern notification and:
- forward a copy of the letter to, where applicable:
- the manager or coordinator of the licensed care service or another entity
- the CST manager of the zone with responsibility for the licensed care service or another entity
- staff of the relevant department, where another entity is funded or managed by another state or federal department
- file a copy of the letter on:
- the child’s file
- the approved carer’s Child Safety Services' file, where applicable.
The CST manager will file a copy of the letter, where applicable, on the licensed care service’s or another entity’s file.
The provision of written advice about the matter of concern notification will be provided to the approved carer or staff member during the investigation and assessment process.
3.3 Plan the investigation and assessment
Prior to commencing the investigation and assessment, develop an investigation and assessment plan in consultation with the team leader and senior practitioner, and where applicable, the licensed care service or recognised entity. In some circumstances, it may also be appropriate to involve:
- another entity
- the CSO responsible for any child currently placed with the approved carer or staff member
- the Community Support Team (CST) manager of the zone with responsibility for the licensed care service or another entity.
Planning is essential to ensure that:
- all the relevant activities required to undertake a targeted investigation and assessment of a child’s safety and protective needs are identified
- all key people are involved and that interviews and information gathering occur in the most appropriate sequence
- the investigation and assessment is conducted in a manner which limits any unnecessary disruption to the child.
Planning requirements
When developing the investigation and assessment plan, consider the usual requirements associated with planning an investigation and assessment for a child in the general community, in accordance Chapter 2, 1. Plan the investigation and assessment and Chapter 2, 4. What if a joint investigation with the Queensland Police Service is required? In addition:
- review relevant information from Child Safety Services' files, including the case plan, case notes and all child protection history, including matters of concern
- consider and decide the following matters:
- how the child and the approved carer or staff member will be provided with access to a support person or advocate as part of the process
- whether children who previously have been placed in the care environment, or children who attend respite in the care environment require an interview
- whether interviews will be pre-arranged, where it will not jeopardise the safety of the child, the integrity of the investigation and assessment process or potential criminal investigations
- when to verbally inform the child’s parents of the matter of concern notification and investigation and assessment.
Determine whether the information in the matter of concern notification meets the prescribed criteria for a referral to the SCAN AM Team, or if an emergency SCAN AM Team meeting is required - refer to Chapter 2, 11. What if a matter needs to be referred to the SCAN System? A referral can also be made once the investigation and assessment has commenced, if the referral criteria is satisfied.
Recording the investigation and assessment plan
Once the planning process is completed:
- record the ‘MOC investigation and assessment plan’ under the investigation and assessment planning tab in ICMS and gain verbal approval for the plan from the team leader, prior to the commencement of the investigation and assessment
- provide a copy of the investigation and assessment plan to all persons who are responsible for activities associated with undertaking the investigation and assessment.
In exceptional circumstances, where an urgent response is required to ensure the child’s immediate safety, there may not be sufficient time to record the plan in ICMS prior to commencing the investigation and assessment. In this circumstance, complete a written plan and obtain verbal approval from the team leader, and complete the recording of the plan in ICMS once the child’s immediate safety has been established, including the reason for the delay.
3.4 Arrange interviews with the child and the approved carer or staff member
Within 24 hours of the CSSC manager deciding that a matter of concern constitutes a notification, arrange (where approved as part of the investigation and assessment plan) to sight the child or interview the child and the approved carer or staff member. The interview with the child however will not occur in the presence of the approved carer or staff member.
When phoning the child (where age and developmentally appropriate) and the approved carer or staff member to pre-arrange interviews:
- tell them about the matter of concern notification
- provide them with sufficient information regarding the process and which standards may have been breached, to ensure their full participation throughout the investigation and assessment process
- inform them of their right to have a support person or advocate present throughout the investigation and assessment process (including during interviews - refer to the exception below), and assist in identifying possible options for accessing a support person
- inform them that at the commencement of the interview, they will be provided with the relevant information sheets:
- advise them that the CSO will contact the child’s nominated support person, to arrange their attendance at the interview
- schedule the interview times with the child and the approved carer (and any other persons listed on the certificate of approval) or staff member, and any other persons identified as requiring an interview.
3.5 Conduct the investigation and assessment
Minimum requirements
When conducting the investigation and assessment, ensure that:
- the interview with the child does not occur in the presence of the approved carer or staff member
- there is face-to-face contact with each subject child
- interviews are conducted with:
- each subject child who is able to communicate, including children with disabilities who require assistance or aides - refer to Chapter 2, 2.3 Interview and sight the child
- any other child in the out-of-home care environment who is able to communicate and any other children who are no longer in the care environment, but were in the care environment at the time of the concerns
- all the alleged persons responsible for the concerns
- the approved carer (and any other persons listed on the certificate of approval) or staff member - refer to Chapter 2, 2.4 Interview the parents and other adults
- any adult household members, who may have information relevant to the investigation and assessment.
Note: Record all interview information in a ‘Record of interview’ form under the Information gathering and interviews tab in the ‘MOC - I&A’ event in ICMS.
Commence the investigation and assessment
The investigation and assessment is to be commenced within 24 hours of the decision that the matter constitutes a matter of concern notification. An investigation and assessment is commenced when the child is either sighted and sighted and interviewed (as age and developmentally appropriate) by a CSO.
In circumstances where a CSO cannot sight the child within the required timeframe a police officer or health professional may sight the child and provide information in relation to the safety of the child to Child Safety Services - refer to Chapter 2, 2.1 Commence the investigation and assessment.
The CSSC manager is responsible for seeking the zonal director’s advice in situations where it is not possible to commence an investigation and assessment within 24 hours.
Role of the support person or advocate
When conducting the investigation and assessment, ensure that the support person or advocate in attendance understands their role and is made aware of the requirement for confidentiality under the Child Protection Act 1999, section 188, prior to the CSO commencing interviews with the child and the approved carer or staff member - refer to the practice resource The role of a support person.
Move the child from the placement, if necessary
In circumstance where it is considered necessary to remove the child from their care environment during the investigation and asses, refer to 4. What if the child needs to be moved to a new placement?
Investigate and assess the concerns
During interviews with the child and the approved carer or staff member, facilitate discussions and gather information that will enable an assessment of the following matters:
- the impact, if any, of the concerns on the child, including whether the child has experienced harm, is experiencing harm, or is at unacceptable risk of experiencing harm in this placement - for more information about assessing the impact, refer to Practice guide: The assessment of harm and risk of harm
- whether immediate placement action is required to ensure either:
- the subject child’s safety
- the safety of any other child residing in the care environment
- whether any further placements can be made with the approved carer, staff member, licensed care service or another entity, while the investigation and assessment is being undertaken
- whether the approved carer or staff member has:
- failed to meet the legislated standards of care and if so, which standards of care have not been met
- the ability and willingness to meet the standards of care, immediately and on an ongoing basis
- had their documented supervision, support and training needs met by Child Safety Services and/or the licensed care service or another entity
- outstanding or additional supervision, support and training needs
- whether systemic issues have contributed to any breach of the standards of care and if so, what actions could be taken by Child Safety Services and/or the licensed care service or another entity (if applicable) to address identified issues.
To assist in assessing the above matters, take into account the same risk and protective factors that are considered for any child in the general community, as outlined in Chapter 2. Investigation and assessment (excluding the use of SDM tools), in addition to factors specific to assessments within an out-of-home care environment. These factors include but are not limited to the following:
- the child’s views about the alleged concerns
- the length of the child’s placement, previous history of harm, current case plan and other contextual factors
- whether the child has any concerns about the standards of care and/or the care environment
- the nature of the approved carer or staff member’s relationship with the child’s family and culture
- the use of force, corporal punishment or other behaviour management strategies prohibited by the statement of standards (that is, punishment that humiliates, frightens or threatens the child in a way that is likely to cause emotional harm) and is in accordance with the Positive Behaviour Support policy
- prior matters of concern and the implementation and outcomes, or progress, of previous or existing action plans, where applicable
- the current level of stress within the care environment, including:
- any overcrowding in the care environment
- the placement of a child in a care environment that does not match the child’s assessed needs
- current supervision, supports and training available within the care environment
- any action or decision of the CSSC with responsibility for the child or children in the out-of-home care placement that may have contributed to the notified concerns.
Where during the investigation and assessment, it becomes apparent that the alleged harm may have involved the commission of a criminal offence relating to the child, immediately notify the QPS, in accordance with Chapter 10.3 Statutory obligation to notify the Queensland Police Service of possible criminal offences.
Provide letter and information sheets
Prior to concluding the interview with the child and the approved carer or staff member, provide:
- the ‘Information sheet for children and young people’ to the child (where of an appropriate age and ability to understand)
- the following written information to the approved carer or staff member:
Harm to children not recorded as subject children
Where it is assessed that other children in out-of-home care who are living in the care environment may have experienced harm, or be at risk of harm, but were not recorded as subject children in the matter of concern notification, they will be recorded as subject children in the investigation and assessment and assessed as part of the investigation and assessment process.
If it is considered that a child who is not in out-of-home care may have experienced harm, or be at risk of harm, refer to the procedures for a child in the general community, as outlined in Chapter 1. Intake.
Record additional concerns
When a matter of concern notification has been recorded and the investigation and assessment has not been approved by the team leader, record any new concerns received as ‘additional notified concerns’ in ICMS under the ‘Information gathering / decision making’ tab, unless exceptions apply. For further information refer to 1. What if additional concerns are received?3.6 Assess the information gathered during the investigation and assessment
The critical question when deciding the investigation and assessment outcome is not whether a child is in need of protection, as this has been decided in the context of their care by the parent. The critical question is whether the child has suffered harm, is suffering harm, or is at unacceptable risk of suffering harm in this placement.
In assessing harm, it is important to focus on the level of the detrimental effect, whether physical, psychological or emotional, or the risk of detrimental effect, experienced by the child, taking into account the impact of cumulative harm.
Assessing harm
In determining whether the child has experienced or is experiencing harm, it is not sufficient to only determine whether an alleged incident or abusive action has occurred. The child’s experience must meet the legislative definition of harm, that is, ‘any detrimental effect of a significant nature on the child’s physical, psychological or emotional well-being’.
For a detrimental effect to be of a significant nature it must have more than a minor impact upon a child’s physical, psychological or emotional well-being. The harm experienced, or being experienced, by the child must be substantial, serious and demonstrable - that is, measurable and observable on the child’s body and/or in the child’s functioning or behaviour.
A detrimental effect of a significant nature may also be indicated by the detrimental effect being likely to be long-term (more than transitory), or adversely affecting the child’s health or well-being to an extent which would be considered by the general public to be unacceptable.
In assessing harm, it is important to focus on the level of detrimental effect, whether physical, psychological or emotional or the risk of detrimental effect experienced by the child, rather than on the actions or inactions of the approved carer or staff member alone.
Assessing risk of harm
In determining whether there is risk of future harm for a child, it is critical to assess what is an ‘unacceptable risk of suffering harm’. This means that harm is likely to occur in the future. To be defined as ‘unacceptable risk of suffering harm’, the situation must meet both the following criteria:
- the level of harm likely to occur must constitute a detrimental effect of a significant nature
- the likelihood that the harm will occur must be probable or likely, rather than just possible.
Risk of harm also includes circumstances where either:
- the impact of the harm is not yet observable however, harm is a predictable result of what has occurred
- harm is likely to occur in the future if no action is taken to protect the child.
Outcomes are determined by the assessment of harm and risk of harm for the child - refer to Practice guide: The assessment of harm and risk of harm, and to assist with the determination of whether a child has been harmed or is at risk of harm.
Where the investigation and assessment has commenced, but is not completed within the six week timeframe, the CSSC manager will advise the carer or staff member in writing of the delay, the reasons for the delay and an estimated completion date.
3.7 Decide the investigation and assessment outcome
To decide the most appropriate outcome for each child:
- consult the team leader, senior practitioner and, if required, the CSSC manager
- provide the recognised entity with an opportunity to be involved in the decision-making process for an Aboriginal or Torres Strait Islander child
- take into account the practice considerations usually associated with the assessment of harm and risk of harm for a child residing in the general community (excluding the use of structured decision making tools)
- take into account the contextual factors specific to the child, the approved carer or staff member and the care environment.
MOC investigation and assessment outcomes
There are five possible outcomes for the investigation and assessment of a matter of concern notification, as outlined below.
1. Substantiated - matter of concern
This outcome is recorded when:
- the child has experienced harm and/or is likely to experience future harm
- the actions or inactions of the approved carer or staff member have contributed to the harm or risk.
When this outcome is chosen, at least one of the carers or a staff member must be recorded as a person responsible. This outcome cannot be used if a person responsible is unable to be identified.
2. Substantiated - matter of concern - no breach of standards
This outcome is recorded when:
- the child has experienced harm and/or is likely to experience future harm however the actions or inactions of the approved carer or staff member have not contributed to the harm (for example, there is no indication of an approved carer or staff member’s failure to protect a child)
- there is no indication that the approved carer or staff member has failed to meet the standards of care required under the Child Protection Act 1999.
When this outcome is recorded, the ‘person responsible’ for the harm will be either:
- another adult who resides in, or frequents, the approved carer or staff member’s household
- another child (if aged 10 years or over and the child is assessed as having the developmental ability/capacity to understand the consequences of their actions)
- a ‘person responsible unable to be identified’.
3. Unsubstantiated - matter of concern - breach of standards
This outcome is recorded when:
- the child has not experienced harm and is unlikely to experience future harm
- there is an indication that the approved carer or staff member has failed to meet the standards of care required under the Child Protection Act 1999.
4. Unsubstantiated - matter of concern - no breach of standards
This outcome is recorded when:
- the child has not experienced harm and is unlikely to experience future harm
- there is no indication that the approved carer or staff member has failed to meet the standards of care required under the Child Protection Act 1999.
5. Matter of concern I & A - no outcome
This outcome is recorded:
- only in exceptional circumstances where the investigation and assessment cannot be completed, for example, a historical matter of concern notification
- when the decision is made not to conduct an investigation and assessment, in accordance with the procedure for responding to vexatious or malicious notifiers - refer to Chapter 1, 5. What if the notifier is vexatious and malicious?
The team leader must consult with the senior practitioner prior to approving an investigation and assessment with this outcome, and provide a clear rationale for its use.
When this outcome is recorded on the basis that the notifier is vexatious or malicious, clearly document that the investigation and assessment was not completed, who made the decision and the rationale for the decision.
This outcome will not be used when the reason for non-completion is due to Child Safety Services' resources or workloads.
3.8 Actions required following the assessment
Develop an action plan
When the investigation and assessment outcome is either ‘Substantiated - matter of concern’ or ‘Unsubstantiated - matter of concern - breach of standards’, an action plan for addressing the concerns must be developed prior to finalising the investigation and assessment. To develop an action plan, refer to 4. Develop and monitor an action plan.
Record the investigation and assessment
To finalise the investigation and assessment:
- record the following information in ICMS:
- relevant information in accordance with Chapter 2, 4.2 Record the investigation, assessment and outcome
- the information provided in relation to the safety of the child by a police officer, recognised entity worker or health professional, where applicable
- information gathered regarding factors specific to assessments within an out-of-home care environment, including contextual factors that may have contributed to the matter of concern, for example, high levels of stress or overcrowding in the care environment
- where the investigation and assessment is not commenced and/or completed within the specified timeframes, the date of commencement and/or completion and the reasons for any delays
- the action plan, if required
- the reasons for the delay, if the investigation and assessment is not commenced or completed within the specified timeframes
- forward the investigation and assessment and action plan, where applicable, to the team leader for approval
- attach hard copy notes from the meeting with the child and the approved carer or staff member to the child’s file (for a meeting with the child or a staff member) and the approved carer’s Child Safety Services' file (for a meeting with the approved carer)
- file a copy of the action plan (where applicable) on the approved carer’s Child Safety Services' file, or for a staff member, on the child’s file.
3.9 Provide required information following the investigation and assessment
Provide verbal advice
Following the completion of the investigation and assessment, provide verbal advice only to:
- the child (having regard to their age and developmental level)
- the recognised entity, where the child is Aboriginal or Torres Strait Islander
- the CSO responsible for any child currently placed with the approved carer or staff member
- at least one parent of the child.
In addition, alert all parties to applicable complaints and review mechanisms. Refer to 11. What if a person wants to make a complaint or seek a review?
Provide verbal and written advice
Following the completion of the investigation and assessment, provide both verbal advice and written advice to the following people, using the Letter to approved carer/staff member – advice of notification outcome, as outlined:
- provide the original letter to the approved carer or staff member
- provide a copy of the letter and where applicable, the action plan, to:
- the manager or coordinator of the licensed care service or another entity, if applicable
- the CST manager of the zone with responsibility for the licensed care service or another entity, if applicable
- staff of the relevant department, for example, Disability Services, where another entity is not funded or regulated by Child Safety Services
- file a copy of the letter on the child’s file
- file a copy of the letter and, where applicable, the action plan on the approved carer’s Child Safety Services' file.
Where the outcome is either ‘breach of standards’, also provide a copy of the letter and the action plan to the zonal director.
The CST manager, where the approved carer or staff member is affiliated with a licensed care service, will:
- forward a copy of the letter and the action plan to the nominee of the licensed care service
- file a copy of the letter and the action plan on the licensed care service’s or another entity’s file.
- Last updated
- 29 June 2009
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