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Home > Chapters > 3. Ongoing intervention > What ifs - responding to specific ongoing intervention matters

What ifs - responding to specific ongoing intervention matters

1. What if a suitable person has long-term guardianship?

When the Childrens Court makes an order granting long-term guardianship to a suitable person, Child Safety Services' involvement consists of the following:

Implement case planning requirements

Case planning requirements do apply to children on a long-term guardianship order to a suitable person. However, case plan reviews for these children are not intended to be intrusive and the legislative obligation to review a case plan is usually met by six-monthly contact with the guardian.

In limited circumstances, a full review and development of a revised case plan, as outlined in Chapter 4. Case planning will be undertaken, with the exception of the family reunification assessment and parental strengths and needs assessment. These circumstances may include cases where:

Initiate six-monthly contact with the guardian

Following the making of a long-term guardianship order to a suitable person, contact the guardian on a six-monthly basis to:

Contact by Child Safety Services may also occur if either:

Note: Child Safety Services has no legislative authority to have contact with a child subject to a child protection order granting guardianship to a suitable person. Where a guardian does not consent to contact by Child Safety Services with the child, Child Safety Services will respect the wishes of the guardian, unless there are concerns that meet the threshold for recording a notification.

Record the outcome of the six-monthly contact

Where the review and revised case plan is based on the six-monthly contact with suitable persons complete a review report and revised case plan, selecting item 10 - 'additional child identified strength/need' in the case plan. 

Requirements for the ongoing approval and suitability of persons granted long-term guardianship

Suitable persons who are granted long-term guardianship of a child are not required to hold a current blue card, or to renew their certificate of approval, unless they intend, or continue, to provide out-of-home care to other children, who are not subject to an order granting long-term guardianship to the suitable person.

Suitable persons who are granted long-term guardianship of a child are not subject to the matters of concern policy and procedures for that child. In this case, information received about the child subject to long-term guardianship to the suitable persons is responded to in accordance with the process for a child in the general community - refer to Chapter 1. Intake.

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2. What if new child protection concerns are received?

When new child protection concerns are received for a child during ongoing intervention take immediate action to ensure the safety and well-being of the child. Where there is currently an open notification or an open investigation and assessment event in ICMS, record the information as additional concerns. Otherwise use professional judgment and where necessary, consult with a team leader, to determine whether the concerns reach the threshold for a notification.

Where the concerns reach the threshold for a notification, either record the information as a notification in a new intake event in ICMS - refer to Chapter 1. Intake or as a matter of concern - refer to Chapter 9. Matters of concern.

Where the concerns do not meet the threshold for a notification, they are considered to be an ongoing case work matter which will be addressed directly with the child and family. In this circumstance:

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3. What if an ongoing intervention case needs to be transferred to another CSSC?

Case management responsibility for an ongoing intervention case will be held by the CSSC in the geographical area where the child and family normally reside. A case transfer between CSSCs may be required in the following circumstances:

Placement and transfer principles

The following principles are to guide decision-making, prior to the placement of a child and the transfer of a case:

Transfer guidelines

In addition to the principles, the following guidelines apply:

Exceptions to case transfers

The above principle and guidelines apply to case transfers, except in the following circumstances.

Accept a case transfer

Before a case can be transferred, the CSSC in the new geographical area must accept the transfer, based on the case transfer principles and guideline. There are three levels of acceptance that apply:

Acceptance and approval of the transfer must be given in writing, prior to the placement of the child, and must include an agreement about the likely timeframe of any planned case transfer.

Timeframes for case transfers

The following timeframes apply to case transfers, both planned and unplanned:

In all circumstances, the new CSSC is to begin required case work tasks immediately that they are advised that the child is in their area and the case is to be transferred as soon as possible after the family has moved, and must be transferred, or for a child in out-of-home care, where the child and new placement is stable.

Unplanned relocation of a child who is not in out-of-home care

When a child subject to ongoing intervention and not in out-of home care is relocated to another geographical area by their parents or family, the following actions are required:

Responsibilities of the transferring CSSC

The transferring CSSC is responsible for undertaking the actions outlined below.

Case management responsibility for the case remains with the transferring CSSC until written acceptance (email or written correspondence) of the transfer has been received. Following this:

Responsibilities of the receiving CSSC

The receiving CSSC is responsible for the actions outlined below.

Interim orders and appeals

A case for a child subject to an interim order or an appeal of a child protection order can be transferred, but only where both CSSC managers agree. When the receiving CSSC does not agree to the transfer, the case cannot be transferred.

Where the child has moved to a new geographical area but the case is yet to be transferred, a co-ordinated approach by both CSSCs is required to undertake specific tasks until the order is finalised and the case can be transferred. In the interim:

Where the case for a child subject to an interim order is transferred, the matters to be negotiated between court coordinators and team leaders on a case by case basis are outlined in the practice resource Transferring an ongoing intervention case.

Unplanned relocation of a child in out-of-home care by an approved carer

The unexpected, unplanned relocation of a child who is in an out-of-home care placement by an approved carer should be a rare occurrence. Where it does occur, consideration needs to be given to the ongoing appropriateness of the placement and to recording a matter of concern in relation to the approved carer's actions - refer to Chapter 9. Matters of concern.

When a notification is recorded during the transfer process

If a new notification is recorded during a case transfer process, the CSSC where the family is residing is responsible for undertaking the investigation and assessment. In this circumstance, ongoing liaison between the two CSSCs will occur until the transfer process is completed.

Resolving disagreements

It is the responsibility of the CSSC managers to resolve any disagreement during the transfer process of ongoing intervention cases. Disagreements must be resolved within a two week period. Where CSSCs cannot reach an agreement in principle about a placement in another area, the matter should be referred to the appropriate zonal directors to determine if the grounds for placement are sound and if the placement or transfer should proceed.

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4. What if assistance is required with social housing?

The Memorandum of Understanding (MOU) between The State of Queensland through the Department of Child Safety and The State of Queensland through the Department of Housing 2007 sets out an agreed framework for cooperation and collaboration, to help ensure no child who is in contact with the child protection system is harmed or placed at risk of harm because of a housing related issue.

Schedule 2 Providing housing assistance to children in need of protection guides the referral of clients to Housing and Homelessness Services, and a referral for assistance with public housing can only be made when the client meets all of the eligibility criteria below:

An individual may self-refer to Housing and Homelessness Services if they do not meet the eligibility criteria however Child Safety Services is unable to provide them with supporting documentation.

To make a referral for housing assistance, complete the Referral to the Department of Housing - for further information, refer to the practice resource Overview of referral and planning process with Department of Housing and the Flowchart - Requesting housing assistance from Department of Housing.

Note: Housing and Homelessness Services will only accept referrals from Child Safety Services through the completion of the specified referral form.

Joint action plans

Where Housing and Homelessness Services accepts the referral and nominates a contact officer, complete the Joint Action Plan - Departments of Housing and Child Safety in conjunction with the nominated officer. For further information, refer to the practice resource Completing the joint action plan.

A review of the 'Joint Action Plan - Departments of Housing and Child Safety' will be triggered by either: 

The review of the 'Joint Action Plan - Departments of Housing and Child Safety', initiated by the Housing and Homelessness Services' officer, prior to the allocation of social housing will determine whether the proposed housing solution is still relevant to the circumstances of the carer, parent or young person. For further information about social housing and financial assistance, refer to Information for Department of Child Safety - Department of Housing products.

Resolving differences

Should differing views or issues of concern arise regarding the application of the memorandum of understanding, attempt to resolve identified matters through implementing the dispute resolution process - refer to the Escalation flowchart Department of Housing and Child Safety - dispute resolution re: service provision.

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5. What if a child is subject to ongoing intervention and youth justice intervention?

A child subject to ongoing intervention by Child Safety Services may also be subject to youth justice intervention by the Department of Communities (Youth Justice Services).

Where a child is subject to a child protection order granting custody or guardianship, the person who has been granted custody or guardianship meets the definition of parent, as outlined in the Juvenile Justice Act 1992. This requires the person with custody or guardianship, to participate in youth justice matters, as would the child's usual parent.

Where a child is subject to a child protection order granting custody or guardianship to the chief executive, the CSO with case responsibility is required to participate in all youth justice processes. Where the child is placed with a foster or kinship carer, the carer will also be invited to participate.

Where a child is subject to a child protection order granting custody to a family member or long-term guardianship to a suitable person, the family member or suitable person, not the CSO, is required to participate in all youth justice processes for the child.

Unless the involvement of the parents would impact on the child's safety or well-being, encourage or facilitate the parents involvement in youth justice processes. Where issues of safety or well-being arise, make decisions about the parents attendance in consultation with the youth justice case worker. The youth justice case worker, however, is responsible for directly liaising with parents about all youth justice matters.  

Where a child is subject to an investigation and assessment and youth justice intervention, refer to Chapter 2, 16. What if a young person is subject to youth justice intervention?

Ensure service delivery coordination

For the period of time that a child is subject to both ongoing intervention and youth justice intervention:

If the child requires an out-of-home care placement, discuss the child's youth justice obligations and reporting requirements with the child, the parents and carers, including matters to be attended to by each party for the duration of the placement. Agreed responsibilities will be recorded:

For information about the role and responsibilities of parents and carers, refer to the practice resource Youth justice - an overview.

In addition, for a child subject to a child protection order granting custody or guardianship to the chief executive:

Note: Where a youth justice case worker directly participates in the development or review of the case plan or support plan for a child, and has responsibility for the implementation of certain components of the plan, provide the youth justice case worker with a written copy of the plan.

Respond to a request by Youth Justice Services for information about a child

The child's youth justice case worker may contact Child Safety Services to: 

Where the information requested is considered relevant to coordinating service delivery or meeting the child's protection and care needs, provide the information in a manner consistent with the confidentiality requirements of the Child Protection Act 1999, section 186, 187 and 188.

Should a youth justice case worker request a copy of existing Child Safety Services' documents or reports, other than a copy of the case or support plan, request that the youth justice case worker puts their request in writing to the CSSC manager.

In the following circumstances, consult a team leader or CSSC manager to determine how a request for information will be responded to:

Participate in a youth justice conference

Where a child is subject to a child protection order granting custody or guardianship to the chief executive, the CSO is required to participate in any youth justice conference for the child. Where a child is subject to a support service case, intervention with parental agreement or a directive or supervision order, participation in a youth justice conference may occur where considered necessary and appropriate by the youth justice conference convenor as negotiated with Child Safety Services' team leader or CSSC manager.

Participate in youth justice reviews or meetings

Where a child is subject to a child protection order granting custody or guardianship to the chief executive, the CSO is required to participate in:

Where the CSO is not be able to attend any of the above meetings or reviews:

Record the inability to attend and the reason, including details of other arrangements made, as a case note in ICMS.

Child Safety Services' participation in additional progress reviews will be determined on a case-by-case basis, in consultation with the team leader and, where possible, will be documented in Child Safety Services' case plan. Where possible and appropriate to the child's needs, the CSO may also attend warning meetings undertaken by Youth Justice Services with respect to the child's non-compliance with a youth justice order.

Where a child is subject to a support service case, intervention with parental agreement or a directive or supervision order, it may be appropriate to participate in youth justice reviews for the child where:   

Attend youth justice court proceedings

Where the child is subject to a child protection order granting custody or guardianship to the chief executive, the CSO will attend the court proceedings and undertake the responsibilities usually fulfilled by a child's parents, including:

The CSOs attendance at youth justice court proceedings does not negate the legislative requirement under the Child Protection Act 1999, for the child's parents to participate in matters involving their child, to the extent possible and practicable in the circumstances.

The youth justice case worker retains responsibility for representing the chief executive, Youth Justice Services, in youth justice court proceedings.

Where the CSO is unable to attend youth justice court proceedings, the team leader or another Child Safety Services' officer will attend the court proceedings. The person attending must have relevant information about the child, including:

If the inability to attend youth justice court proceedings is due to geographical issues, explore with the local court the possibility of participating by teleconference.

Where a child is subject to a support service case, intervention with parental agreement or a directive or supervision order, the CSO is not required to attend youth justice court proceedings but may attend where:  

Respond to advice that a child is being held in watch-house custody

Where a child subject to ongoing intervention is being held in watch-house custody, contact the youth justice case worker to negotiate a joint plan for phoning and where possible, visiting the child, for the duration of their detention in watch-house custody.

Participate in planning and review processes - child subject to a detention order or remanded in custody

Where the child is subject to a child protection order granting custody or guardianship to the chief executive, the CSO is required to participate in youth justice planning and review processes and to maintain contact with the child, as outlined below. Contact with the child will occur by phone, and in person, where geographically possible.

Upon the child's admission to a detention centre, provide the detention centre with relevant information about the child. This will include, where applicable, information about:

While the child is in the detention centre:

Prior to, and upon the release of the child from the detention centre:

Where a child is subject to a support service case, intervention with parental agreement or a directive or supervision order, the CSO will liaise with the youth justice case worker and the detention centre case worker, to ensure service delivery coordination and information exchange. 

Visit or telephone a child in a detention centre

To arrange telephone calls or visits with a child in a detention centre, contact the detention centre case worker and negotiate an agreed plan and process.

When arranging any visit or telephone call, consider and, where necessary, inform the detention centre case worker of any matters to be discussed with the child during the visit or telephone call that may have a detrimental effect on the child's well-being or behaviour.

Participate in a child's transfer to an adult correctional facility

If a child subject to a child protection order granting custody or guardianship to the chief executive is to be transferred to an adult correctional facility, preparation for the transfer will involve:

Should the youth justice case worker or an employee of a detention centre hold a meeting for the purpose of planning the transfer, the CSO is required to attend this meeting. If the CSO is unable to attend, the team leader or CSSC manager is responsible for making reasonable attempts for another Child Safety Services' officer, who is familiar with the child, to attend on behalf of the CSO. Otherwise, necessary information must be provided to relevant detention centre staff, or the youth justice case worker, prior to the meeting.

Obtain approval of costs, prior to Youth Justice Services' submission to a court

Where a child is subject to ongoing intervention and the child's living arrangement is, or is likely to be, a component of conditional bail or a youth justice order, the program proposal and any associated costs to be met by Child Safety Services are to be endorsed by the appropriate financial delegate, prior to any submission being made to a court by the youth justice case worker.

In these circumstances, liaise with the youth justice case worker to:

Following these negotiations:

The approval of costs to be met by Child Safety Services, for the purpose of the child's conditional bail or youth justice order, only applies up to and including the child's next youth justice court appearance. Following the child's court appearance, continuations or extensions of existing programs and associated costs require re-negotiation and re-approval by the delegated Child Safety Services' officer.

On rare occasions where a court orders that accommodation arrangements are to be part of conditional bail or a youth justice order, prior to the endorsement of proposed costs, the requirements of the order must be implemented until such time as the condition is otherwise ordered by the court as part of a sentence review.

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6. What if case work tasks are to be transferred to another jurisdiction?

When a child is subject to a child protection order in Queensland and resides in another state, territory or New Zealand (jurisdiction), Child Safety Services may request the transfer of case work tasks to another jurisdiction.

The matter remains an open case in Queensland and case management and financial costs remain the responsibility of the CSSC, until such time as the order is officially transferred to the jurisdiction - refer to 7. What if a child protection order or proceedings are to be transferred to another jurisdiction?

To request the transfer of case work tasks:  

The ILO will advise the CSO immediately the outcome of the request is known, including the name and contact details of the child's new interstate case worker.

If a child is placed with a parent who resides in another jurisdiction, Child Safety Services may request that the other jurisdiction provides the child and family with case work support, to assist the reunification process. This request will be negotiated with the jurisdiction, initially through the ILO, and will generally be for a time-limited period.

Family contact

When a decision is made by the CSSC that a child is to visit kinship members in another jurisdiction for family contact or a holiday, refer to Chapter 5, 2.5 Facilitate and monitor family contact.

Reunification assessment request

If requesting an assessment for the purpose of reunifying a child subject to a Queensland child protection order, with a parent who resides in another jurisdiction, refer to Chapter 4, 6. What if a reunification assessment is required when parents live in another jurisdiction?

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7. What if a child protection order or proceedings are to be transferred to another jurisdiction?

When a child is subject to a child protection order or child protection proceedings in Queensland, Child Safety Services may request the transfer of the child protection order, short or long-term, or child protection proceedings, to another state, territory or New Zealand (jurisdiction). In relation to a child protection order, there are two types of transfers:

Administrative transfer of an order to another jurisdiction

The child protection order is to be for the maximum period of time possible, before requesting a transfer to another jurisdiction. This may necessitate an application to the Childrens Court, to extend the child protection order, before any request for a transfer is made.

Case management and financial costs remain the responsibility of the CSSC until such time as the order is officially transferred to the other jurisdiction.

If there are exceptional costs associated with the placement in Queensland, for example, transitional placement and flexible funding, the transfer of the order requires careful negotiation between the ILO and the child protection agency in the other jurisdiction. This will include negotiations about the provision of transitional placement and flexible funding documentation. This financial information, including details of any High Support Needs Allowance paid to the carers, will be provided as part of the transfer request.

To request an administrative transfer of a Queensland child protection order to another jurisdiction, refer to the Transfer summary sheet - administrative transfer from Queensland to all states and New Zealand and:

If the child's parents cannot be contacted or their whereabouts ascertained, attach a record of the attempts made to gain their written consent to the transfer.

When all forms are completed and where appropriate, signed, forward all documentation by post to the Queensland ILO, including the originals of the request for transfer and written consents, and a copy of the child protection order - New Zealand requires an original and two certified copies of the child protection order.

Following contact by the Queensland ILO, confirming that the transfer has been accepted:

Following advice from the ILO, that the order has been registered in the court in the other jurisdiction:

Note: Payments to a foster or kinship carer are to be made up to and including the day before the date of transfer (date of registration of the order), unless otherwise advised by the ILO.

Judicial transfer of an order to another jurisdiction

The judicial transfer of a child protection order occurs only rarely, and may be sought when parents refuse to consent to the administrative transfer of a child protection order.  

Due to the complexity of judicial transfers, the transfer of the child protection order must not be commenced until consultation has occurred with the Queensland ILO.

If following consultation with the ILO, a decision is made to proceed with a judicial transfer, the ILO will provide the CSSC with procedural information for completing the transfer process.

Transfer of child protection proceedings  

Requesting the transfer of Queensland child protection order proceedings to another jurisdiction, will only occur after consultation with the Queensland ILO, and should not be viewed as a substitute for seeking a Queensland order. The transfer of proceedings is a complex matter, subject to the complete agreement and ongoing co-operation of the 'receiving' jurisdiction throughout the transfer process.

The ILO will provide advice in relation to the viability of the request, especially in relation to the Child Protection Act 1999, section 229, which outlines the grounds on which such a transfer may take place.

If following consultation with the ILO, a decision is made to proceed with the transfer of child protection proceedings, the ILO will provide the CSSC with procedural information for completing the transfer process.

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Last updated
21 September 2009