What ifs - responding to specific regulation of care matters
1. What if the applicant requires provisional approval?
Under the Child Protection Act 1999 and Child Protection Amendment Regulation (No. 1) 2006, a person who has made an application to be a foster or kinship carer may be provisionally approved if all of the following requirements are met:
- it is not possible, or not in the child's best interests, to be placed with an approved foster or kinship carer or licensed care service
- the outcomes of child protection and criminal history checks, including self-disclosures, indicate the applicant does not pose a risk to the child's safety
- the applicant is able and willing to protect the child from harm
- all members of the applicant's household do not pose a risk to the child's safety
- a brief assessment indicates the applicant is willing and able to meet the statement of standards.
Provisional approval is for 60 days with a possible further extension of 30 days. The substantive application to be a foster or kinship carer must be decided within this 60 day or where extended, 90 day period, if it is intended for the child to remain in the placement.
If the substantive application is not decided within the 60 day or where extended, 90 day period of provisional approval:
- remove the child from the placement, as provisional approval cannot be extended beyond 90 days
- negotiate an extension to the time frame for deciding the substantive application for approval, prior to the expiry of provisional approval (see below).
Key steps to obtain provisional approval
To obtain provisional approval of a foster or kinship carer applicant:
- provide a copy of the Blue cards - Fact sheet and What is provisional approval? - Fact sheet to the applicant
- the application as a foster or kinship carer must be properly made as outlined in 1.6 Lodge the application
- forward documentation for the conduct of personal history checks to the CSU (refer to 2.2 Facilitate personal history checks), or the CSAHSC if after hours (see below)
- meet with the applicant at their home and:
- undertake a brief assessment of their ability to provide care in accordance with the statement of standards and to protect the child from harm
- ensure that the mandatory safety requirements will be met and complete page 1 of the Form 2: Household safety study
- a Child Safety Services' officer records the outcomes of personal history checks conducted by the CSU in the Form 5: Approval decision - Provisionally approved carer
- record the brief assessment and make an approval recommendation to the CSSC manager, or zonal director where criminal history results are not yet available from the CSU
- the CSSC manager or zonal director records the approval decision, along with relevant comments if applicable, on the 'Form 5 - Approval decision - Provisionally approved carer' and signs the form.
For further information regarding the brief assessment, refer to the practice resource Meeting the statement of standards.
Note: Child Safety Services' staff must comply with the requirement under the Commission for Children and Young People and Child Guardian Act 2000, to inform all blue card applicants that it is an offence for a disqualified person to sign a blue card application form. This requirement applies even when a prescribed person has verified an applicant's identity. For further information, refer to the practice resource Mandatory advice to blue card applicants.
Request urgent personal history checks
When the conduct of personal history checks is urgent, for example, when provisional approval is required so that a placement can be facilitated as soon as possible for a child:
- seek approval from the CSSC manager to request urgent personal history checks
- contact the CSU via telephone and advise them of the need for urgent personal history checks
- immediately fax all forms and associated identification documents, where available (refer to 2.2 Facilitate personal history checks), to the CSU, or make telephone contact where there is no access to a fax
- send the forms and identification documents, where available, to the CSU the following business day, via express post, overnight delivery.
The CSU provides the personal history check results back to the CSSC as soon as practicable however where there are unforseen delays, the zonal director may grant provisional approval, as outlined below.
Request after hours personal history checks
After hours personal history checks will be conducted by the Child Safety After Hours Service Centre (CSAHSC) and will include child protection and criminal history checks. In this circumstance, fax the necessary documentation to CSAHSC and phone to confirm receipt of the request. Decisions required after hours about a person's suitability will be made by the Duty Executive Officer.
The following business day, send the forms and identification documents, where available, to the CSU, via express post, overnight delivery.
Approval of applicants
The CSSC manager is delegated to grant a carer applicant provisional approval, where the applicant or any adult household members are assessed as not posing a risk to the child's safety, taking into account:
- the outcome of personal history checks undertaken by the CSU
- consideration of any self-disclosures by the applicant or adult household members as recorded in the APA form
- the brief assessment of the applicant's ability to provide care consistent with the statement of standards, based on an interview in the applicant's home
- the applicant's ability and willingness to protect the child from harm
- any relevant information from Child Safety Services' records
- whether the applicant meets the mandatory household safety study requirements
- the views of the recognised entity about the proposed carer for an Aboriginal or Torres Strait Island child
- whether the placement facilitates ongoing connections with the child's kin or community
- the views of the child about the placement and, where they do not support the placement, the reasons they provide (with due regard to the child's age and developmental level).
The zonal director, or the Duty Executive Officer if after hours, may grant provisional approval prior to the completion of criminal history checks in urgent circumstances, taking into consideration the factors outlined above. When this occurs, the approval applies until advice of the outcome of criminal history checks is received from the CSU.
Actions following provisional approval of applicant
Following a decision to provisionally approve the applicant:
- advise the applicant of the decision in writing, using the Letter of approval as a provisionally approved carer
- issue a Certificate of Approval (Provisionally approved carer) for each child to be cared for by the provisionally approved carer
- provide the provisionally approved carer with a copy of
- the 'Carer handbook'
- the Legislative requirements for providing care - Fact sheet
- the 'What is provisional approval? - Fact sheet'
- other fact sheets relevant to the learning and information needs of the carer - refer to Carer information sheets.
- ensure the carer clearly understands:
- their obligation not to disclose confidential information
- their obligation to disclose a change in personal history for themselves or adult household members
- their obligation to advise of any changes in carer circumstances (refer to 2. What if there is a change in carer circumstances?)
- complete the household safety study in full (refer to 1.4 Conduct a household safety study)
- complete a placement agreement for the child
- generate person records in ICMS for the provisionally approved carer and any adult household members, create a carer entity for the carer or carer couple and add the carer's provisional approval details
- enter the carer's payment details onto Carepay by completing a FIN 23 - Vendor registration/change application form, and forwarding the form to Expenditure and Carer Services, Corporate Link.
The provisional certificate of approval has effect for 60 days from the date of initial approval, as recorded on the Form 5: Approval decision - Provisionally approved carer. For further information, refer to the practice resource Completing the Certificate of Approval.
Extension of the expiry date
Provisional approval can be extended past 60 days, once only, for up to a further 30 days if:
- the existing certificate of approval is current
- the extension is considered desirable and appropriate to meet the needs of the child named on the certificate
- the carer agrees to the amendment.
If the CSSC manager decides that an extension to the expiry date is warranted:
- a new 'Certificate of Approval (Provisionally approved carer)' is issued with all of the existing details and conditions, and the new expiry date
- the provisionally approved carer must deliver the original certificate of approval to the CSSC manager within two days
- the CSSC retains a copy of the new certificate of approval on the provisionally approved carer's file and a copy is provided to the foster and kinship carer service, where relevant
- the information is updated in ICMS.
Where an extension is granted, the new expiry date for the certificate of approval is to be no more than 30 days from the expiry date on the initial certificate.
Interstate applicants
Where an applicant resides interstate, careful consideration must be given to the feasibility of completing all necessary assessment requirements within the specified timeframes before deciding to seek the provisional approval of an interstate applicant.
Rights of review
Carer applicants who apply for provisional approval only have review rights in relation to their substantive application to become either a foster or kinship carer. The cancellation of a provisional certificate of approval does not affect the pending application for approval as an approved foster or kinship carer. If the substantive application is subsequently refused, this decision is reviewable.
2. What if there is a change in carer circumstances?
All approved carers, including provisionally approved carers, are required to notify Child Safety Services of any of the following specific changes that are considered relevant to determining their ongoing suitability:
- a change of address
- a change in spousal relationship, for example separation, divorce, new partner, death of a partner
- a change in other personal circumstances, for example significant health problems or excessive employment demands
- a change to the criminal or personal history of the carer or any adult member of their household (Child Protection Act 1999, section 141F and 141G)
- a change of persons living in the carer household, excluding foster children
- an intention to provide care for other children (for example, family day care or relatives).
When any of these circumstances occur, the carer is to complete a Change in carer circumstances form and provide it to the CSSC. Upon receipt of the information:
- consider whether an additional, early review of the Foster Carer Agreement is necessary (refer to 5.10 Review the Foster Carer Agreement)
- consider whether a review of the carer's suitability is required
- update records in ICMS, as appropriate
- forward a copy of the completed 'Change in carer circumstances form' to the CSU, except where the change relates to personal circumstances involving health or employment demands.
Address changes
When a carer has advised Child Safety Services that they have changed their primary place of residence:
- update the new address details in ICMS
- complete a FIN 23 - Vendor registration/change application form and send it to the Vendor Maintenance team as outlined on the form
- complete a household safety study (refer to 1.4 Conduct a household safety study).
Change in carer relationships - new spousal relationship
Carers must advise Child Safety Services when they intend to commence living with a spouse or wish to hold a joint certificate with another adult, for example an adult child of the carer.
Prior to this occurring:
- the carer and their spouse or other adult need to submit a joint application for approval as foster or kinship carers - the carer's existing certificate of approval remains in place until the outcome of a joint application is decided
- progress the application in accordance with the usual assessment process, however, the original approved carer will not require personal history checks and will not need to repeat Pre-service training.
If the application is approved:
- issue the carers with a new joint certificate of approval
- complete a new 'Foster Carer Agreement', where applicable
- review the placement agreement for any child in the care of a kinship carer, where applicable, taking into consideration any changes to the support needs for the carer (refer to 4.1 Negotiate support arrangements).
Change in carer relationships - ending of a spousal relationship
When a spousal relationship ends and only one of the carers wishes to continue as a carer, the carer must apply in writing to the CSSC manager for an amendment to their certificate of approval (Child Protection Act 1999, section 137). The existing certificate of approval remains in place until the application for amendment is decided. For the process to amend the certificate of approval, refer to 9. What if a foster or kinship carer's certificate of approval requires amendment, suspension or cancellation, other than on blue card grounds? The carer will not be required to repeat pre-service training.
Where both carers wish to continue as approved carers, both carers must submit a separate 'Application for approval - Form 3 APA'. The existing certificate of approval remains in place until their individual applications are decided. The carers will not be required to repeat pre-service training.
In both of the above circumstances, the approval decision will include an assessment of how the new circumstances of the applicant will impact on any children in their care.
If the application is approved:
- issue the carer with a new certificate of approval
- complete a new 'Foster Carer Agreement', where applicable
- review the placement agreement for any child in the care of a kinship carer, where applicable.
Personal history changes
Carers are required to advise Child Safety Services of:
- any changes to their personal history
- changes or suspected changes to the personal history of any adult household member.
Changes in carer household membership
Carers are required to advise Child Safety Services:
- that a person intends to become a member of the household
- that a person has stopped being a member of the household.
For any adult intending to join a carer household, or any child turning 18, who lives in the carer household (including young people placed with the carer by Child Safety Services), conduct personal history checks in accordance with 2.2 Facilitate personal history checks.
For a New adult household member, consideration should be given to interviewing the new household member about their views on fostering and their role within the carer household.
3. What if an external party requests or requires personal information about the applicant or carer?
Information about an approved carer or carer applicant can be provided to an external party where:
- the information is necessary in order to perform functions under or in relation to administration of the Child Protection Act 1999
- the information is related to the welfare or protection of a particular child.
Examples of functions under or in relation to administration of the Child Protection Act 1999 include:
- completing the initial or renewal assessment of a foster or kinship carer applicant
- providing support services to an approved carer.
If appropriate, information may be provided to:
- an external assessor completing an initial or renewal assessment
- a foster or kinship care service who is providing ongoing support to the carer
- a carer assessment panel.
The following information may be provided:
- the outcome of medical reports, where the applicant has provided consent on the 'Carer applicant health and wellbeing questionnaire'
- copies of foster and kinship carer assessments.
Any information provided must not include information that identifies, or is likely to identify, a notifier. Where information is to be provided to an external party, the carer or carer applicant is to be advised.
Personal history
It is not appropriate to provide specific details of an applicant's or adult household member's personal history outcomes to an external assessor, foster or kinship care service or an assessment panel.
In the first instance, request that the applicant or adult household member discloses the information about their personal history to the person undertaking the assessment. If the applicant or adult household member refuses to disclose this information, inform them that:
- the application will be decided based on information already known
- the application may be refused in the absence of any further information provided by them, where the personal history outcomes are significant.
If the applicant or adult household member still refuses to disclose their personal history to the person undertaking the assessment, the CSSC manager may:
- refuse the application, where personal history outcomes indicate that the applicant or an adult household member is not a suitable person
- approve the application, where the nature of personal history outcomes does not exclude the applicant or adult household member from being considered suitable, and the person meets all other legislative and policy suitability requirements.
Record keeping requirements
CSSC staff must be aware of the strict confidentiality provisions around sensitive information, and refer to the interim record-keeping process, available from the CSSC records officer, when required to provide copies of carer information to external parties. This process includes a receipt form that goes on the Foster Carer History file as a record of information provided and a cover sheet that is attached to the information being provided. The receipt form requires authorisation by the CSSC manager and a signature from the person receiving the information.
4. What if approval has expired before an application for renewal is lodged?
Approved foster and kinship carers must apply for renewal of their existing approval prior to the expiry of the current certificate of approval, if they wish to continue as approved carers.
Where the existing certificate of approval has expired before the approved carer makes an application, the application cannot be progressed as an application for renewal of approval. In this case, the applicant will need to lodge an application for initial approval and to complete the Application for approval - Form 3 APA (Part A).
5. What if one spouse is unavailable to participate in the assessment and approval process?
Where the partner of a foster or kinship carer applicant is genuinely unavailable to be assessed and approved, along with their spouse, due to the nature and location of their employment, for example, those employed by the defence forces or mining industry and working interstate or overseas, the following process applies:
- the available applicant lodges an application as a single applicant
- the assessment and approval process proceeds according to the procedure
- the single applicant, where they meet the legislative and policy requirements for suitability, is approved and issued with a certificate of approval
- when the unavailable spouse returns to the carer household, the approved carer and their spouse immediately submit a joint application for approval, including a 'blue card application' or 'blue card validation' form - the carer's existing certificate remains in place until the outcome of the joint application is decided
- progress the application in accordance with the usual assessment process, however, the original approved carer will not require personal history checks and will not need to repeat pre-service training.
If the application is approved:
- issue the carers with a new joint certificate of approval
- change the carer's details in ICMS and add the details for the carer couple
- request the return of the previous certificate of approval
- complete a new 'Foster Carer Agreement', where applicable
- review the placement agreement for any child in the care of a kinship carer, where applicable, taking into consideration any changes to the support needs for the carer (refer to 4.1 Negotiate support arrangements).
6. What if a carer applicant resides interstate?
When a carer applicant who is proposed to provide care for a child resides in another state, territory or New Zealand (jurisdiction), and the child is subject to a court assessment, custody or guardianship order or proceedings in Queensland, request that the jurisdiction undertake a carer assessment.
To facilitate the assessment of a carer applicant in another jurisdiction:
- ensure that the applicant is aware of the intended assessment and has indicated a willingness to co-operate in the assessment process
- ensure that the applicant is aware of their need to meet legislative requirements under the Child Protection Act 1999
- provide the applicant with:
- ensure that the applicant and all adult household members complete the 'APA form' - Part A and either the 'blue card application' or 'blue card validation' form and the 'Carer applicant health and wellbeing questionnaire'
- request that the interstate officer completes the 'APA form' (Part B) - the interstate officer can verify the applicant and the adult household members' identity - and return all documentation to the CSSC
- send the relevant forms to the CSU for processing where the application has been 'properly made' (refer to 1.6 Lodge the application)
- contact the Queensland ILO, Court Services Unit, and obtain the 'Request for Interstate Assessment of Carer/s' form
- complete the 'Request for Interstate Assessment of Carer/s' form and attach appropriate supporting documentation, for example, medical and psychological reports on the child
- have the request signed by the CSO with case responsibility and the team leader
- fax or post all relevant documentation to the Queensland ILO.
Note: upon receipt of any 'blue card application' forms, contact all blue card applicants to advise that it is an offence for a disqualified person to sign a 'blue card application' form. For further information, refer to the practice resource Mandatory advice to blue card applicants.
The Queensland ILO will forward the request and accompanying documentation to the ILO in the other jurisdiction.
If the CSU manager subsequently advises that, based on personal history checks, the applicant is not suitable, contact the Queensland ILO immediately, who will withdraw the assessment request from the other jurisdiction.
The interstate officer will complete the 'Form 2: Household safety study' on behalf of Child Safety Services and provide a written assessment report, addressing the assessment factors identified on the 'Request for Interstate Assessment of Carer/s'
Where the carer assessment relates to a family contact visit refer to Chapter 5, 2.5 Facilitate and monitor family contact.
7. What if the foster or kinship carer decides to cease being a carer?
When a carer advises Child Safety Services of their decision to cease being an approved carer:
- ask the carer to return their certificate of approval and the foster carer card within the requested timeframe, which must not be less than seven days (Child Protection Act 1999, section 141)
- inform the carer about available supports, for example, counselling or referrals, where the cessation occurs due to difficult personal circumstances
- record the reason why the carer is exiting the system and amend the carer's approval status in ICMS to 'surrendered'
- notify the CSU
- complete the Advice to FCQ: End of carer approval form and fax the form to Foster Care Queensland (FCQ).
Foster Care Queensland is responsible for contacting the former carer to offer them an exit interview, which is conducted by Foster Care Queensland.
The CSSC manager is responsible for ensuring that Foster Care Queensland receives written notification of all cessations of approval.
8. What if a carer requests access to their personal information?
If a carer requests access to their personal information held on the Child Safety Services' file, inform the carer that the release of file information is managed by the Freedom of Information Branch.
Advise the carer that their request must be made in writing, through a completed Freedom of Information application, a letter or other written advice, and outline the details of the personal information sought.
Provide the carer with the contact details for the Freedom of Information Branch.
9. What if a foster or kinship carer's certificate of approval requires amendment, suspension or cancellation, other than on blue card grounds?
Under the Child Protection Act 1999, a carer's certificate of approval can be amended, suspended or cancelled in the following circumstances:
- the holder of the certificate of approval applies to the chief executive for an amendment of the certificate of approval or agrees to an amendment
- the holder is not meeting the standards required under the certificate of approval or a condition of the certificate of approval
- the holder has contravened a provision of the Child Protection Act 1999
- the certificate of approval was issued because of a materially false or misleading representation or declaration (either orally or in writing)
- it is considered necessary or desirable because of a circumstance prescribed under a regulation.
Note: A certificate of approval as a kinship carer cannot be amended to change the child for whom the carer is approved.
Amendment, suspension or cancellation decisions
Child Safety Services will consider whether there is a need for the amendment, suspension or cancellation of the certificate of approval of a carer, in circumstances where a carer is not meeting the legislated statement of standards or a condition of the certificate of approval, or alternatively, where an amendment of the certificate of approval is requested by the carer. The amendment, suspension or cancellation of a certificate of approval is to occur in a respectful and transparent manner.
Amendment requested by an approved carer - section 137
Any application by a carer to amend their certificate of approval must be made in writing. Child Safety Services must make a decision on whether the proposed amendment is necessary within 28 days of receiving the request. If necessary, meet with the carer to discuss the matter before the 28 day period has lapsed.
If the proposed amendment is decided to be necessary:
- the CSSC manager will provide written notice to the carer using the Letter of outcome of application to amend and advise:
- that their request for an amendment has been granted
- the details of the amendment that has been made
- that a certificate of approval has been amended
- that the amended certificate of approval takes effect on the day the CSSC manager gives notice to the carer that the amendment has been granted, or a later day, if stated in the notice
- that the carer must deliver the original certificate of approval to the CSSC within the requested timeframe, which must not be less than seven days (Child Protection Act 1999, section 141)
- provide the carer with a new certificate of approval that incorporates the amendment - all other details, including date of expiry and any existing conditions, must match the details on the original certificate of approval
- retain a copy of the new certificate of approval on the carer's file and provide a copy, where relevant, to the foster and kinship care service.
If the proposed amendment is not considered necessary, the application for amendment must be refused and written notice using the 'Letter of outcome of application to amend' must be provided to the carer within 10 days of the decision having been made (Child Protection Act 1999, section 137). The notice must:
- state the reasons for the decision
- advise that the carer has the right to have the decision reviewed by the CST, and that an application can be made to the tribunal within 28 days.
Amendment initiated by Child Safety Services - section 138
If the CSSC manager decides that an amendment to a carer's certificate of approval is warranted:
- relevant Child Safety Services' officers must meet with the carer to discuss the reason for the amendment and explain the process
- the CSSC manager must provide written notice to the carer using the Letter of proposed amendment and state:
- the proposed amendment and the grounds for the amendment
- the facts and circumstances forming the basis for the grounds
- that the carer may make written representations to the CSSC manager within 28 days (or longer, if determined by the CSSC manager) to show why the certificate of approval should not be amended.
If, after considering any written representation by the carer, the CSSC manager still considers an amendment to the certificate of approval necessary, the carer must be provided with written notice of the decision within 10 days of the decision using the Letter of amendment. The notice must:
- state the reasons for the decision
- advise that the amended certificate of approval takes effect on the day the CSSC manager gives notice to the carer of their decision, or a later day, if stated in the notice
- advise the carer that they must deliver the original certificate of approval to the CSSC within the requested timeframe, which must not be less than seven days (Child Protection Act 1999, section 141)
- advise that the carer may have the decision reviewed by the CST if an application is made to the tribunal within 28 days.
After providing written notice to the carer of the decision to amend the certificate of approval:
- issue a new certificate of approval that incorporates the amendment and provides all of the details that were recorded on the original certificate, including the date of expiry and any existing conditions
- retain a copy of the new certificate of approval on the carer's file and provide a copy, where relevant, to the foster and kinship care service.
If, at any stage of this process, the CSSC manager decides not to proceed with the amendment, they must provide written notice to the carer of their decision not to amend the certificate of approval.
Suspension or cancellation of a carer's certificate of approval - section 139
A carer's certificate of approval may be suspended or cancelled when there is reason to believe that the carer cannot provide care to a child that meets the statement of standards and that the issue of concern cannot be appropriately addressed through other means.
A carer's certificate of approval must be cancelled when the CSU manager advises the CSSC manager of the decision to cancel the carer's certificate of approval, where the carer is not suitable as a result of the outcome of personal history checks.
A suspension of the certificate of approval should be considered if the grounds for concern are likely to be temporary or if further assessment is required to determine whether the carer's certificate of approval should be cancelled.
Where the CSSC manager is considering the suspension or cancellation of a carer's certificate of approval, relevant Child Safety Services' officers must meet with the carer to discuss the reason for the proposed suspension or cancellation and explain the process.
Where the decision is made, whether by the CSSC or CSU manager, that the suspension or cancellation of the certificate of approval is warranted, the carer must be provided with written notice using either a Letter of proposed suspension or Letter of proposed cancellation, which is to include:
- the proposed action and the grounds for the proposed action
- the proposed suspension period, for a suspension of the certificate of approval
- advice that the carer may make written representations to the CSSC manager or CSU manager within 28 days (or longer, as determined by the CSSC or CSU manager) to show why the certificate of approval should not be suspended or cancelled.
After considering any representation by the carer, where the CSSC manager or CSU manager still considers the suspension or cancellation of the certificate of approval to be necessary, the CSSC manager or CSU manager is to:
- suspend the certificate of approval for no longer than the proposed suspension period (where the action proposed in the notice was to suspend the certificate of approval), or
- cancel the certificate of approval (if the action proposed in the notice was to cancel the certificate of approval).
The suspension or cancellation of the certificate of approval takes effect on the day the CSSC manager or CSU manager gives notice to the carer of their decision, or a later day, if stated in the notice. Following the suspension or cancellation of the certificate of approval, the CSSC manager or CSU manager must provide written notice to the carer of their decision within 10 days of the decision using either the Letter of suspension or the Letter of cancellation. The notice must:
- state the decision to either suspend or cancel the carer's authority
- state the reasons for the decision
- advise the carer that they must deliver the original certificate of approval to the CSSC manager within the requested timeframe, which must not be less than seven days (Child Protection Act 1999, section 141)
- advise the carer that they may have the decision reviewed by the CST if application is made within 28 days.
If the carer's certificate of approval has been suspended, the certificate of approval must be returned to the carer at the end of the suspension period, unless the certificate of approval has been cancelled.
Following the period of review or if the decision of Child Safety Services is upheld, the CSSC manager is to ensure that the CSU is notified of the suspension or cancellation.
Record the suspension or cancellation in ICMS
Following the suspension or cancellation of a carer's certificate of approval, the CSSC manager is to ensure:
- the carer's approval status is updated in ICMS
- an alert is recorded on the carer (refer to Chapter 10.7 Recording alerts for a child and family).
At the end of the suspension, update the carer's approval status in ICMS and where the certificate of approval is returned to the carer, close the alert. Where the certificate of approval is cancelled following the period of suspension, the alert remains in place.
Referral for an exit interview - cancellation of a certificate of approval
If the carer does not seek a review of the decision to have their certificate of approval cancelled within the required timeframe, or if they do seek a review of the decision and the CST upholds the Child Safety Services' decision, notify Foster Care Queensland of the end of the carer's approval so that the former carer will be contacted and offered an exit interview by Foster Care Queensland.
To refer the former carer for an exit interview, complete the 'Advice to FCQ: End of carer approval' form and fax the form to Foster Care Queensland.
The CSSC manager is responsible for ensuring that Foster Care Queensland receives written notification of all carers who have had their certificate of approval cancelled.
10. What if a foster or kinship carer's certificate of approval requires suspension or cancellation, on blue card grounds?
Change in status of a blue card
The CCYPCG issues blue cards and monitors the changes in criminal history of card holders on a daily basis. The CCYPCG, through the CSU, will advise Child Safety Services of any relevant changes to the criminal history of a carer or an adult household member, for example:
- a blue card holder's card has been suspended because they have been charged with an excluding offence
- a blue card holder has a change in their criminal history which is relevant to child-related employment.
In the case of a suspension or refusal of an existing blue card, the chief executive must suspend an approved carer's certificate of approval, pending the outcome of any review process initiated under the Commission for Children and Young People and Child Guardian Act 2000.
Where the CCYPCG makes the decision to issue an individual with a negative prescribed notice, it means that the person will not be issued with a blue card, or, if they already have one, that their blue card will be suspended or cancelled by the CCYPCG. This is referred to as blue card grounds.
In the above circumstances, the CSSC must take immediate action to suspend or cancel the carer's certificate of approval.
The decision to suspend or cancel a carer's certificate of approval on blue card grounds will be effective immediately, and does not require that the carer be given an opportunity to provide written representations to the CSSC manager, prior to the manager deciding to suspend or cancel their approval.
The CSSC manager however must inform the carer of the decision as soon as practicable after the decision is made.
Removal of a child - carer issues
When the CCYPCG suspension or cancellation relates to an approved carer, the carer's certificate of approval must be suspended or cancelled, and any child in the placement must be removed immediately.
Should the carer subsequently be issued with a blue card and the suspension ended, consideration will be given to whether it is in the best interests of any of the children removed, to be returned to the placement.
Removal of a child - adult household member issues
When the suspension or cancellation relates to an adult member of a carer's household, a decision must be made about whether to remove a child. In this circumstance:
- hold an urgent meeting with the carer and adult household member to discuss what actions they are proposing to take
- ascertain whether the household member intends to leave the household and the proposed timeframe
- assess whether the carer had any knowledge or awareness of the criminal history or change in criminal history of the adult household member
- assess the immediate safety of any child in the placement and determine whether a matter of concern should be recorded. For example, the adult household member's criminal acts may have resulted in harm or risk of harm to the child.
If the adult household member is not planning to leave the household immediately, any child in the placement must be removed and the carer's certificate of approval suspended.
If the adult household member is planning to leave the household immediately, the decision about whether it is in the best interests of the child to remain with the carer is to include consideration of:
- the impact on the child, for example, is the child fearful of remaining in the placement
- any risk posed to the child because of the relationship of the household member to the carer
- the carer's response to the suspension or cancellation of the adult household member's blue card and the carer's ability to protect the child in the placement
- the likelihood of any further contact with the adult household member.
Considerations regarding the removal of a child, in this circumstance, would be guided by the Matters of Concern procedure. Refer to Chapter 9.1 Decide whether information constitutes a matter of concern.
Removal of a child - review of decision
The carer is only entitled to have the decision to remove a child from the carer's care reviewed if the chief executive has custody or guardianship of the child, and the carer is an approved foster or kinship carer, and either:
- the child is subject to a child protection order granting long-term guardianship to the chief executive
- the adult household member has left the household, due to the suspension or cancellation of their blue card, however it has been assessed that the carer is no longer a suitable person or the carer is no longer able to meet the standards of care in the statement of standards.
When this applies, provide written notice of the decision to the carer and the child, and ensure that the notice incorporates the information specified in the Child Protection Act 1999, section 90.
Cancellation of certificate of approval due to a prescribed provision - carer
A carer's certificate of approval must be cancelled immediately (Child Protection Act 1999, section 140AG(1)), when the CCYPCG cancels the carer's blue card under a prescribed provision (Commission for Children and Young People and Child Guardian Act 2000, section 102(6)(a) or 119A - an excluding offence with imprisonment, or a disqualification order, which results in a lifetime ban from holding or applying for a blue card).
The cancellation of the certificate of approval must occur as soon as practicable after Child Safety Services is notified of the decision and the CSSC manager must:
- notify the carer in writing of the decision to cancel their certificate of approval using Letter of cancellation - prescribed provision - carer
- notify the CSU of the decision.
There is no right of review to the CCYPCG for a cancellation of a blue card under a prescribed provision or right of review to the CST in relation to Child Safety Services' decision to cancel the carer's certificate of approval.
Suspension or cancellation of a carer's certificate of approval due to a prescribed provision - adult household member
When the CCYPCG cancels the blue card of an adult household member under a prescribed provision (Commission for Children and Young People and Child Guardian Act 2000, section 102(6)(a) or 119A)) under the Child Protection Act 1999, section 140AC and 140AG, one of the following will occur:
- the carer's certificate of approval must be suspended
- the carer's certificate of approval may be cancelled immediately, where there is no likelihood of the adult household member leaving the carer's home.
The suspension of the carer's certificate of approval is an interim measure to allow an assessment of whether the adult household member has left or is likely to leave the household.
To suspend the carer's certificate of approval, the CSSC manager will advise the carer of the decision and the reason for the suspension using the Letter of suspension - prescribed provision - adult household member.
Where the adult household member leaves the household and the CSSC manager makes a decision to end the suspension, the carer must be provided with a Letter advising end of suspension.
If the household member does not leave the household, or is not expected to leave in the near future, the carer's certificate of approval must be cancelled. To cancel the carer's certificate of approval (Child Protection Act 1999, section 140AG(3)), the CSSC manager must notify the carer in writing using the Letter of cancellation - prescribed provision - adult household member and advise the carer:
- of the decision to cancel their certificate of approval
- the reason for the cancellation
- that they may apply to the CST to have the decision reviewed, within 28 days.
Following the period of review or if Child Safety Services' decision is upheld, the CSSC manager must ensure that the CSU is notified of the decision.
Note: The CSSC manager must not suspend or cancel the carer's certificate of approval if satisfied that the person is no longer a member of the carer's household.
Suspension or cancellation of a certificate of approval due to a disqualifying event
A disqualifying event occurs when an approved carer or an adult member of a carer's household:
- is issued with a negative prescribed notice (except under a prescribed provision under the Commission for Children and Young People and Child Guardian Act 2000, section 102(6)(a) and 119A, or except where a suspended blue card is cancelled)
- has their blue card suspended by the CCYPCG
- withdraws an application for a blue card or it is deemed withdrawn by the CCYPCG.
Disqualifying event - carer
If the disqualifying event relates to the approved carer, the suspension of the carer's certificate of approval must occur as soon as practicable after the CSU is notified by the CCYPCG. The CSU will advise the CSSC manager of the notice provided by the CCYPCG.
To suspend the carer's certificate of approval, the CSSC manager must:
- notify the carer in writing using the Letter of suspension - disqualifying event - carer, and advise the carer of:
- the decision to suspend the certificate of approval under the Child Protection Act 1999, section 140AC
- the reason for the suspension.
The suspension of the certificate of approval remains in place until one of the following occurs:
- the certificate of approval expires
- the carer is issued with a blue card, and Child Safety Services ends the suspension of the certificate of approval
- the certificate of approval is cancelled under the Child Protection Act 1999, section 140AG.
When the certificate of approval expires, the CSSC manager is to ensure:
- that the carer is advised in writing
- that the CSU is notified.
Should the carer subsequently be issued with a blue card, the CSSC manager is to ensure that the carer is advised in writing that the suspension of their certificate of approval has ended, using the Letter advising end of suspension.
The carer's suspended certificate of approval must be cancelled if the CYPCG issues a negative prescribed notice and:
- the carer does not apply for a review of the CCYPCG's decision about the blue card or the review period has expired
- the carer applies for a review of the CCYPCG's decision and the decision is upheld.
The certificate of approval must be cancelled as soon as practicable and the CSSC manager is to notify the carer in writing using Letter of cancellation - disqualifying event - carer.
A carer has no right of review regarding the decision to suspend or cancel the certificate of approval in these circumstances. The CSSC manager must ensure that the carer's status and the alert is updated in ICMS and that the CSU is notified.
Disqualifying event - adult household member
If the disqualifying event relates to an adult household member, the CSSC manager must suspend the carer's certificate of approval, unless the adult member has left or agrees to immediately leave the carer's household.
The CSSC manager however must not suspend or cancel a carer's certificate of approval if they are satisfied that the person is no longer a member of the carer's household and does not pose any risk to the safety of a child.
If the household member remains in the household, the CSSC manager must:
- immediately suspend the carer's certificate of approval and provide written advice to the carer using the Letter of suspension - disqualifying event - adult household member. The written advice is to inform the carer of:
- the decision to suspend the certificate of approval under the Child Protection Act 1999, section 140AC
- the reason for the suspension.
Where the adult member remains in the carer's household, the CSSC manager cannot cancel the carer's certificate of approval until:
- the 28 days in which the adult household member is able to seek a review of the CCYPCG's decision, has expired and they have not applied for a review
- the outcome of the review is decided.
In these circumstances, the adult household member will be advised of their review rights by the CCYPCG, in relation to the CCYPCG's decision to issue a negative prescribed notice.
If the adult household member is subsequently issued with a blue card, the CSSC manager is to ensure that the carer is advised in writing that the suspension of their certificate of approval has ended using the 'Letter advising end of suspension'.
If the household member remains in the household and the period of review expires or the CCYPCG's decision is upheld, the CSSC manager will need to provide written advice to the carer using Letter of cancellation - disqualifying event - adult household member. The written advice is to inform the carer:
- of the decision to cancel their certificate of approval
- that they may, within 28 days of receiving the notice, apply to the CST to have the decision reviewed.
Following the period of review or if the decision by Child Safety Services is upheld, the CSSC manager must ensure that the CSU is notified of the decision.
Suspension or cancellation of a foster or kinship carer's certificate of approval - failure to apply for, or renew, a blue card
When a carer or adult household member fails to apply for a blue card or to renew their blue card, the carer's certificate of approval may be suspended or cancelled (Child Protection Act 1999, section 139(5)). In this situation, an assessment of the circumstances may be undertaken to inform the decision about whether to suspend the certificate of approval, to allow time for the carer or adult household member to apply for a blue card or the renewal of their blue card.
Prior to any decision to suspend or cancel the certificate of approval, the carer must be provided with information about the proposed action (Child Protection Act 1999, section 140) and the CSSC manager is responsible for notifying the carer in writing using Letter to carer - show cause notice.
A carer has review rights to the CST about the decision by Child Safety Services to suspend or cancel the carer's certificate of approval on these grounds.
At the end of the 28 day show cause period, if the decision is to proceed with the suspension of the certificate of approval, the CSSC manager is to notify the carer in writing within 10 days of the decision, using Letter of suspension- failure to apply for or renew a blue card.
If, within the 28 days, the carer or adult household member is subsequently issued with a blue card, the CSSC manager is to ensure that the carer is advised in writing that the suspension of their certificate of approval has ended and their approval is reinstated, using Letter advising end of suspension.
At the end of a 28 day show cause period, if the carer or adult household member has still not applied for a blue card or the renewal of their blue card, or has not left the carer's home, the CSSC manager must cancel the carer's certificate of approval. The CSSC manager must provide written advice to the carer within 10 days of the decision, using Letter of cancellation - failure to apply for or renew a blue card and ensure that the CSU is notified.
Record the suspension or cancellation in ICMS
Following the suspension or cancellation of a carer's certificate of approval, the CSSC manager is to ensure:
- the carer's approval status is updated in ICMS
- an alert is recorded on the carer (refer to Chapter 10.7 Recording alerts for a child and family).
At the end of the suspension, update the carer's approval status in ICMS and where the certificate of approval is returned to the carer, close the alert. Where the certificate of approval is cancelled following the period of suspension, the alert remains in place.
Referral for an exit interview - cancellation of a certificate of approval
If the carer does not seek a review of the decision to have their certificate of approval cancelled within the required timeframe, or if they do seek a review of the decision and the CST upholds Child Safety Services' decision, notify Foster Care Queensland (FCQ) of the end of the carer's approval so that the former carer will be contacted and offered an exit interview by FCQ.
To refer the former carer for an exit interview, complete the 'Advice to FCQ: End of carer approval' form and fax the form to FCQ.
The CSSC manager is responsible for ensuring that FCQ receives written notification of all carers who have had their certificate of approval cancelled.
11. What if a provisionally approved carer's certificate of approval requires amendment, suspension or cancellation?
Child Safety Services will consider the amendment, suspension or cancellation of a provisionally approved carer's certificate of approval in circumstances where the carer is not meeting legislative requirements under the Child Protection Act 1999.
Amendment (other than expiry date)
A provisionally approved carer's certificate of approval can be amended if:
- the carer agrees to the amendment
- the carer is not meeting the statement of standards or a condition of the certificate
- the carer has contravened a provision of the Child Protection Act 1999
- the certificate was issued because of a materially false or misleading representation or declaration, orally or in writing
- further information has been obtained about the carer's application
- it is considered necessary or desirable because of a circumstance prescribed under a regulation.
A certificate of approval for a provisionally approved carer cannot be amended to change the child for whom the carer is approved.
If the CSSC manager decides that an amendment is warranted and the provisionally approved carer has not applied for the amendment:
- relevant Child Safety Services' officers must meet with the provisionally approved carer to discuss the reason for the amendment and the process
- the CSSC manager must provide written notice to the provisionally approved carer, stating:
- the proposed amendment and the grounds for the amendment
- the decision to amend a provisional certificate of approval is not a reviewable decision
- the amendment of a provisional certificate of approval does not affect the carer's pending application for approval as a foster or kinship carer
- a request that the provisionally approved carer delivers the original certificate of approval to the CSSC manager within two days of receipt of the written notice (Child Protection Act 1999, section 141).
Following provision of the written notice:
- issue a new Certificate of Approval (Provisionally approved carer) that incorporates the amendment and provides all of the details that were recorded on the original certificate, including any existing conditions
- retain a copy of the new certificate of approval on the carer file.
If, at any stage of this process, the CSSC manager decides not to proceed with the amendment, they must provide written notice to the provisionally approved carer of their decision not to amend the certificate of approval.
Suspension or cancellation
A provisionally approved carer's certificate of approval will be suspended or cancelled if:
- the CSU determines that a carer or adult household member, based on the outcome of criminal checks conducted by the QPS, is not a suitable person to be a provisionally approved carer (including circumstances where approval was granted by the zonal director prior to the outcome of personal history checks
- the carer is not a suitable person to be a provisionally approved carer for the child to whom the approval relates
- an adult household member is not a suitable person to associate on a daily basis with the child to whom the approval relates
- the application for approval as a foster carer or kinship carer has been refused
- the carer or other adult household member is issued with a negative prescribed notice, an application for a blue card is withdrawn or a current blue card is suspended or cancelled.
If the CSSC manager decides to suspend or cancel a certificate of approval as a provisionally approved carer:
- relevant Child Safety Services' officers must meet with the carer to discuss the reason for the suspension or cancellation
- the CSSC manager must provide the provisionally approved carer with written notice, using Letter of suspension/cancellation (PAC) and include:
- the reasons for the decision to suspend or cancel the certificate of approval
- that the suspension or cancellation, in and of itself, does not affect the carer's application for approval as a foster or kinship carer
- that there is no right to seek review by the CST
- that the provisional certificate of approval must be returned to the CSSC within two days of receipt of the written notice.
The CSSC manager must ensure that written advice of the decision is forwarded to the CSU manager.
The former carer will not be referred to FCQ at this stage, for an exit interview, as their substantive application is still to be assessed and decided.
A provisionally approved carer has no right to seek a review by the CST, of Child Safety Services' decision to amend, suspend or cancel their certificate of approval or to remove a child from their care. The provisional certificate of approval is a temporary certificate and the holder retains their right of appeal to the CST if the holder's application to be a foster or kinship carer for a child is refused.
Record the suspension or cancellation in ICMS
Following the suspension or cancellation of a carer's certificate of approval, the CSSC manager is to ensure:
- the carer's approval status is updated in ICMS
- an alert is recorded on the carer (refer to Chapter 10.7 Recording alerts for a child and family).
At the end of the suspension, update the carer's approval status in ICMS and where the certificate of approval is returned to the carer, close the alert. Where the certificate of approval is cancelled following the period of suspension, the alert remains in place.
When the substantive application to become a foster or kinship carer is decided, update the carer's approval status in ICMS and close the alert, or change the nature of the alert if the application is refused.
- Last updated
- 21 September 2009
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