qfcc info kit rd4 · finding out about child protection in queensland 5 your rights and how to have...

AcknowledgementsThis information kit was based on material from the Information Kit on Child Protection for Parents, published by South West Brisbane Community Legal Centre in partnership with the Queensland Family Child Commission.

The QFCC would also like to acknowledge the other government and non-government agencies who provided feedback and consultation on this kit.

CopyrightFinding out about child protection in Queensland. Copyright © The State of Queensland (Queensland Family and Child Commission) 2016.

LicenceThis Report is licensed by the QFCC under a Creative Commons Attribution (CC BY) 3.0 Australia licence. You are free to copy, communicate and adapt this report, as long as you attribute the work to the State of Queensland (Queensland Family and Child Commission). To view a copy of this licence visit https://creativecommons.org/licenses/by-nc/3.0/au./. Content from this report should be attributed as: The State of Queensland (Queensland Family and Child Commission) Finding out about child protection in Queensland (2016).

Table of Contents

Going to court

Preparing for court

Appearing in court

Stages of court proceedings

What happens at a court hearing?

Other parts of the process

Court documents

The usual order of court events

Support

How do I know what to expect in care? Who can help me?

Complaints and reviews

What can I do when I don’t agree with a decision made about my life?

Rights resources

Principles

What are the principles – the key ideas – that guide decisions about children?

Abbreviations

Glossary

Acknowledgements

Let’s get started The Basics

Who works to keep children safe?

Your rights and how to have your say

Laws to keep you safe

Which court is which? The Process

When does a child need protection?

Who can report concerns to Child Safety Services?

Who has to tell Child Safety Services, by law, about their concerns?

Who works for Child Safety Services?

What if you need help to keep safe?

What happens when your family and Child Safety Services work together to keep you safe?

Support service case

Intervention with Parental Agreement

Care Agreement

What can the court do?

Who might go to a court?

Office of the Child and Family Official Solicitor and Office of the Director of Child Protection Litigation

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4 Let’s get started

Let’s get started

Who works to keep children safe?

Child Safety Services works with parents, family members, schools, community agencies and other government departments to make sure you are safe and cared for, and can grow up to be the best you can be. Keeping children safe is everybody’s responsibility.

There are other people around who can also help to keep you safe. Family members, like grandparents, aunts and uncles, might help you out. The courts will help to make sure the laws that protect you are followed. There are also people like Community Visitors and Child Advocates, who work at the Office of the Public Guardian (OPG), who can give you help and support while you’re in care. Non-government groups – that is, organisations and services who work with children – can also help give you support and guidance when you need it. These groups, like CREATE Foundation and the Youth Advocacy Centre, can put you in touch with someone who knows how the system works, show you how to get the most out of it, and tell Child Safety Services and the courts what you want to happen.

There are many Aboriginal and Torres Strait Islander organisations that help keep Aboriginal and Torres Strait Islander children safe. They can also help you understand what is happening with the court. For example, the Queensland Aboriginal and Torres Strait Islander Child Protection Peak can help you find what you need to know, or tell you about Aboriginal and Torres Strait Islander organisations in your area.

It is sometimes hard to understand all the things different people do to keep children safe. This guide will help you figure out the child protection system, by explaining things simply and clearly.

Most importantly, this guide will help you know your rights, have your say and find people who can help.

The Basics

Note: wherever you see the word ‘child’ in this guide, it means anyone under 18 years old.

Keeping children safe is everybody’s responsibility

5Finding out about Child Protection in Queensland

Your rights and how to have your say

• children who are looked after by people other than their parents should have their situation reviewed regularly (Article 30)

• children have the right to learn and use the language and customs of their families (Article 39)

• all organisations concerned with children should work towards what is best for each child (Article 3)

• governments should ensure that children are properly cared for, and protect them from violence, abuse and neglect by their parents or anyone else who looks after them (Article 19)

• governments should respect a child’s right to have a name, and connection to their nationality and family ties (Article 8).

Every government in Australia needs to make sure these rights are respected. Queensland even has its own Charter of Rights for Children in Care, which describes the rights you have if you are living in out-of-home care.

As a child, it’s important for you to have your say, and for people to listen to you when decisions are made about your life.

You have clear and important rights. The United Nations has listed these rights in a document called the United Nations Convention on the Rights of a Child. These rights include:

• children should have the right to say what they think should happen when adults are making decisions that affect them and to have their opinions taken into account (Article 12)

• children who cannot be looked after by their own family must be looked after properly by people who respect their religion, culture and language (Article 25)

The government can only make decisions about your life if the Child Protection Act 1999 or another law gives them the right to do so.

6 The Basics

Laws to keep you safe

• find a place for you to stay and be looked after away from your home, if you can no longer stay with your family or parents (this is called out-of-home care). This might be:

– staying with an approved family member (otherwise known as kinship carer) or someone else Child Safety Services has approved to look after young people who are not safe at home

– care services – for example, a residential home with other young people who need to be looked after

• ensure your cultural needs are met, especially if you are Aboriginal or Torres Strait Islander.

The people who help you have to keep some key things in mind. These are:

• you need to be more than safe

• your safety and wellbeing is the most important concern

• the best way to support you is to help your family

• people outside your family should only be involved when needed

• your family should be helped to plan and make safe decisions about you

There are a few different words that mean ‘the law’. Sometimes, you’ll hear the word ‘legislation’, which means the laws of the state or country. Other times you might hear someone talk about an ‘Act’, which is a specific law – like the Child Protection Act 1999 that outlines what the government must do, and can do, in order to keep children safe.

The Child Protection Act 1999 gives Child Safety Services the power to:

• investigate worries about your safety

• help parents to keep you safe, using a care agreement

• get people to help your family

As you read this guide, keep coming back to this page to remind yourself of the rights you have while you’re being looked after.

Remember: Child Safety Services is part of the Queensland Government and it’s their job to keep you safe


When Child Safety Services is worried that you are not safe with your parents, they may seek help from a court to keep you safe. Child Safety Services might tell the court everything that has them worried for your safety and wellbeing and ask the court to decide what should happen. The courts are like steps on a ladder, from the lowest, to the highest. Some of the courts you might see are:

Magistrates CourtThe Magistrates Court is the lowest level of court in Queensland. The Childrens Court is part of the Magistrates Court, so the person making decisions in the Childrens Court is called a Magistrate.

Childrens CourtThe Childrens Court deals with things that happen to people under 18 years of age, when people need help to keep children safe.

This is the court Child Safety Services may go to, when deciding the best way to keep you safe.

Family CourtThis is the court that makes decisions about where children live, and who looks after children, when parents don’t agree after breaking up.

• children and families have a right to know what’s happening

• everyone who is involved in helping you, like families, agencies, professionals and your local community, should help to make decisions that keep you safe

• Child Safety Services is responsible for its actions

• the people who help you need to make sure you stay connected to your culture and language.

If you come from an Aboriginal or Torres Strait Islander background, a recognised entity will also help when making decisions, making sure your cultural needs are met.

A recognised entity is an Aboriginal or Torres Strait Islander person or organisation who knows about protecting children, separate to Child Safety Services

Which court is which?

The courts are like steps on a ladder, from the lowest, to the highest

8

Anyone can report concerns to Child Safety Services about a child who may be in danger of being hurt or not looked after properly.

Child Safety Services won’t tell anyone the name of the person who reported their concerns.

The Process

When does a child need protection?

Who can report concerns to Child Safety Services?

All children have the right to be safe and protected. In most cases your family and community will make sure this happens. When your family is not able to keep you safe and care for you, Child Safety Services may get involved to support you. Sometimes this might mean finding a safe place for you to stay while everyone works out the best way to help you.

The Process

All children have the right to be safe and protected

Finding out about Child Protection in Queensland 9

Who has to tell Child Safety Services, by law, about their concerns?

Some professional people – people who work in specific jobs and make sure children are safe – are required, by law, to make reports to Child Safety Services and tell them if they’re worried about the safety of a child. These people are called mandatory reporters.

In Queensland, mandatory reporters include:

• teachers in schools

• doctors

• registered nurses

• some police officers

• care workers

• officers of the Public Guardian

• Child Safety Services

• licensed care services.

The Public Guardian has special responsibilities to support and protect the rights of children and young people in care

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Who works for Child Safety Services?

Family Group Meeting ConvenorThe Family Group Meeting (FGM) Convenor plans family group meetings and helps you, members of your family and community, and your carers, to make decisions about your needs. They are independent from the Child Safety Service Centre and help to make sure everyone can take part and feel safe.

Senior PractitionerThe Senior Practitioner is an expert who makes sure the help you’re getting meets your needs.

ManagerThe Manager looks after all the staff and the work at a Child Safety Service Centre.

The people who work at Child Safety Services can help you to understand what’s happening while you’re getting support. Some of these people include:

Child Safety Support Officer Child Safety Support Officers (CSSO) work with you and your family to find out about your needs so Child Safety Services can make sure you are safe and protected.

Child Safety Officers Child Safety Officers (CSO) work with you and your family to make sure that your safety, belonging and wellbeing needs are met. This means making sure you have a safe place to stay, people in your life who care about you, and everything you need to grow up to be the best that you can be. Child Safety Officers find out information about your family, look at issues around your safety and make decisions based on what they know. The Child Safety Officer’s job is to help you and your family, and to make sure you are safe and cared for.

Senior Team LeaderSenior Team Leaders can make decisions about where you stay if you are in out-of-home care, and can decide who can spend time with you (for example, siblings and parents).

The Process


What if you need help to keep safe?

They can also contact you at school before they talk to your parents. Again, they’ll have to tell your parents about it afterward unless they believe talking to your parents could risk you getting hurt.

What happens during an investigation? If Child Safety Services is concerned there is a risk you might be harmed, then a Child Safety Officer will visit you and your family to talk about the things that have them worried. This is called an ‘Investigation and Assessment’. Child Safety Services will work with you and your family to find out what is working in your family, what has you worried, and how safe you are. They will work with you and your family, to get the help and support you need to be safe.

Can I have a say?The law says Child Safety Services must listen to what you say you want to happen before they make a final decision about you – for example, whether your parents can have contact with you.

The Office of the Public Guardian offers Child Advocates who can help you to give your opinion throughout the process. They can also help you with legal matters, issues with school, and any official complaints you might wish to make.

If Child Safety Services is worried that you are not safe or being properly cared for they will need to talk to you and your family. They’ll try to find the best way to make sure you’re protected, and you can live a full and happy life.

Answering questionsChild Safety Officers might ask you some questions about your parents, or about things that have happened or are happening in your family. This is so they can get the information they need to help protect you.

When you’re answering questions, you might want to:

• think about the question, and take your time to answer

• ask if you don’t understand something

• ask for a break if you feel tired or confused.

It’s okay to ask for a support person, like an adult friend, a family member or lawyer to be there.

By law, Child Safety Services has to explain everything to you, and tell you about your rights.

Can Child Safety Services take me into care before telling my parents?Child Safety Services and the Queensland Police Service can find a place for you to stay before telling your parents, if they believe you are in danger. They must tell at least one of your parents once you’re safe.

They’ll try to find the best way to make sure you’re protected, and you can live a full and happy life

12 The Process

What happens when your family and Child Safety Services work together to keep you safe?

If you choose not to go to the Family Group Meeting, you can talk to a Child Safety Officer and ask them to speak for you and tell them everything you would like them to say during the meeting, including your ideas and your goals. This will make sure everyone at the meeting gets to hear your point of view. You could also ask a youth worker or a lawyer to be there on your behalf.

A Child Advocate from the Office of the Public Guardian can also give you support and help you to understand how you can take part in Family Group Meetings.

Support PlanA support plan is made if you have a support service case (this is explained a little later).

Education Support PlanAn Education Support Plan helps you to get the most out of school. You can be involved when the plan is being made.

Child Health PassportA Child Health Passport keeps all of your health details in one place, and helps health care workers support you. The passport includes items like immunisation details, health assessment details and the outcomes of any referrals to specialists.

When you or your family need help to make sure you’re safe and protected, you might see written plans being made. These plans tell each of the people helping you what to do, and they should be developed together with you and your family. Some of the plans you might see are:

Case PlanA case plan is your family’s plan for what needs to happen and how to get there. You and your family develop the plan with Child Safety Services. The case plan outlines why Child Safety Services is involved with your family, the goals everyone is trying to achieve and the steps to get there.

A case plan is normally made during a Family Group Meeting. You can have your say during the meeting to make sure the plan is right for you.

A family group meeting helps your family to develop or change a case plan. You can go to the meeting, along with members of your family and staff from Child Safety Services.


Support service case

A support service case provides services to help families, pregnant mothers or young people. Child Safety Services may make a support service case, with you or your family, when:

• Child Safety Services investigated and found that no action is needed to protect a child, but feels the family would still like some help

• Child Safety Services has found that parents will need help to keep a newborn child safe after the child is born

• a young person who has been in care needs some extra support after their 18th birthday.

Cultural Support PlanIf you are Aboriginal or Torres Strait Islander, or if you come from a specific cultural background, then a Cultural Support Plan will be developed with you and your family to make sure you stay connected to your culture and community. A recognised entity will help Child Safety Services create a cultural support plan.

Transition to IndependenceIf you are around 15 years old and in care, your Child Safety Officer will start to talk to you about planning for your future as an adult. Transition to Independence is a plan to help you with life skills, study and work, as well as offering counselling and supporting your relationships with family.

If you’re unhappy with your plan, you can talk to your Community Visitor or Child Advocate from the Office of the Public Guardian. They can help you express your views.

14 The Process

Care Agreement

A care agreement is a short-term agreement your parents may make with Child Safety Services for you to be placed in care, away from your parents for a short time.

There are two types of care agreements:

Assessment Care AgreementThis may happen when Child Safety Services are looking into concerns about your safety. It can’t happen if one of your parents refuses, and can only last up to 30 days. If there’s an Assessment Care Agreement, your parents will still be your legal guardian and can still make decisions about your welfare.

Child Protection Care AgreementThis might happen when Child Safety Services believe you need help to keep safe. In that case, Child Safety Services will ask your parents to agree for you to go with Child Safety Services and let them make decisions about your day to day care (such as where you live and go to school). This can last for up to six months. One or both of your parents can stop a care agreement, but they have to give two days’ notice to Child Safety Services.

An Intervention with Parental Agreement, or IPA for short can be made when your parents agree to work closely with Child Safety Services.

If an IPA is made, you and your parents will not have to go to court.

Under an IPA, you might go to a Family Group Meeting. There may also be:

• help for your family to reach your goals

• a chance for you to have your say on things that are important to you.

Normally, you would stay with your parents while an IPA takes place. However, you might need to spend some time away from your parents, if your parents agree that some time away would be best for you.


This can help the whole family get help and learn the skills they need in order to keep you safe.

One or both of your parents can stop a care agreement


What can the court do?

Protective Supervision OrderA Protective Supervision Order allows Child Safety Services to work with your parents to protect your safety and wellbeing. It can last for up to one year.

Short-term Custody OrderA Short-term Custody Order lets someone else in your family, or Child Safety Services, look after you for up to two years.

Short-term Guardianship OrderGuardianship means someone has the right to make decisions about your life. Sometimes parents aren’t able to do this, for instance if they are missing or hard to find in an emergency, or because things like drug use or mental health issues get in the way of making good decisions. A Short-term Guardianship Order makes Child Safety Services your guardian, meaning they can make decisions with you about your life, for up to two years.

Transition OrderIf you have been in out-of-home care for a while, a Transition Order would help you gradually move back to your family home, over a period of 28 days.

Long-term Guardianship OrderIf it would not be safe for you to go back to live with your parents, Child Safety Services can apply for a Long-term Guardianship Order. This would make another member of your family, Child Safety Services, or someone else (like a foster carer or kinship carer) your legal guardian until you turn 18.

The court protects your rights and your parents’ rights, and helps everyone decide what needs to happen to keep you safe.

The court can make several different Child Protection Orders, which tell people how to make sure you are safe. Some of these are:

Temporary Custody OrdersA Temporary Custody Order can let Child Safety Services take care of you for up to three days, to keep you out of danger.

Temporary Assessment OrdersA Temporary Assessment Order (TAO) allows Child Safety to do specific things, like place you in a safe place away from your parents’ care for up to three days. While the TAO is in place a Child Safety Officer will keep working with you and your family to figure out what needs to happen, to make sure you are safe in the future and you and your family get the right help.

Court Assessment OrderA Court Assessment Order will let Child Safety Services take care of you for up to 28 days so they can look into ways to better keep you safe. The Court Assessment Order can be extended once, for another 28 days.

Directive OrderA Directive Order tells a parent to do something, or not do something, to care for you. It may also tell a parent not to see you if it could be dangerous, or they can only see you if someone else is there. It can last for up to one year.

16 The Process

Child Safety Services’ job is to work with you and your family to find out what is working well, whether there are any worries, how safe you are right now, and how to keep you safe in the future.

The Office of the Child and Family Official Solicitor (OCFOS) is part of Child Safety Services. OCFOS provides legal advice to Child Safety Services staff and helps them to figure out what they can legally do to keep you safe. The OCFOS worker will make a referral to the Director of Child Protection Litigation (DCPL) if necessary.

The DCPL will then consider all the information and make the final decision about whether to go to court, and if so, what type of child protection order to apply for.

Having different people involved is important because it means that decisions made are more likely to be fair, considered and based on the evidence.

Office of the Child and Family Official Solicitor and Office of the Director of Child Protection Litigation

Some of the people you might see at court are:

• lawyers, who help to give information about the law to help the Magistrate make a decision

• your parents

• anyone else who lives with you

• your long-term guardian, if you have one

• your own lawyer, if you have one – this could be either a Direct Representative, who will ask you what you’d like the court to know, or a Separate Representative, who will decide what the courts need to know to help keep you safe

• your Child Advocate from the Office of the Public Guardian

• a recognised entity may be present if you are an Aboriginal and/or Torres Strait Islander. They may provide the court with information on how you can stay connected to your culture and community.

Other people may attend court if they’re involved in your life and the court has allowed them to be there.

Who might go to a court?

Having different people involved is important because it means that decisions made are more likely to be fair, considered and based on the evidence.


Going to court

Preparing for court

If you go to court, everyone else will be dressed in neat business clothes. This is to show respect to the court. If you attend court, dress in a way that makes you feel comfortable but shows respect to the people around you.

Depending on how old you are, if you do need to go to court, you may be able to speak to a lawyer who can help you have your say. If you’d like to find out whether this is possible, you can call:

• Legal Aid Queensland on 1300 651 388

• Office of the Public Guardian on 1800 661 533

• Youth Advocacy Centre on (07) 3356 1002

• Aboriginal and Torres Strait Islander Legal Service on 1800 012 255.

You have a right to go to court and to have a say in decisions made about you.

you may be able to speak to a lawyer

18 The Process

Appearing in court

Stages of court proceedings

Court proceedings will go through some of the following stages:

MentionA mention is where the case is reviewed by the court and the court can then move the case to the next stage.

AdjournmentAn adjournment (pronounced add-jern-ment) is where the court puts off the session to a later date. This is common and doesn’t mean anything is wrong.

Hearing (or trial)A hearing or trial is where the court hears the facts, and people’s views and then makes a decision.

Interim orderIf a court makes an adjournment, which means it puts off the session to a later date, the court can also make an interim order to make sure something important happens in the meantime. For example, an interim contact order would allow your parents to spend time with you between court dates.

SubpoenaA subpoena (pronounced sub-peener) is an order to give information to the court. A person can be ‘subpoenaed’ to give information in person, but documents, like Child Safety Services records, can also be ‘subpoenaed’ so court officials can read them before making a decision.

When you’re actually in court, the following things can help you get the most out of the session:

• be polite, and call the Magistrate ‘Your Honour’

• stand when the Magistrate is talking to you

• act calmly, to help the court make its decision

• if you don’t understand what’s happening you can ask the Magistrate or any lawyers around you to explain.

The Magistrate makes decisions in a court. You should call the Magistrate ‘Your Honour’.


What happens at a court hearing?

If a lawyer talks to their own witness a second time, this is called re-examination.

If you are called as a witness, you should tell the court what you have actually seen and heard. It is very important that you give honest answers. Try not to worry, because the decisions made by the court take into account everyone’s evidence.

If you’re asked a question that is not relevant to the case, the Magistrate can tell you not to answer the question. If you don’t know an answer just say so. You cannot get into trouble for not knowing an answer – it is not a test. If you don’t understand a question then ask for an explanation. While you are giving evidence you are the most important person in the room – everyone is there to listen to you so it is important you get across your story.

It is important everyone in court is respectful, polite and quiet when questions are being asked, so the court hearing can go smoothly.

After all the witnesses have been spoken to, each party can give a short speech about their side of the case, called a closing address. Once this is finished the Magistrate will make their decision. This may take a while because the Magistrate has to consider everything they have heard in court.

At a court hearing (also called a trial), the Magistrate hears all the evidence from people involved in your care and then decides:

• whether you need help to be protected and safe

• which type of child protection order would most help you

• whether you need a new case plan

• if you are Aboriginal or Torres Strait Islander, whether your cultural needs have been considered.

The hearing will normally begin with a lawyer calling witnesses – which means talking to people who know about the issue. Other lawyers might also talk to these witnesses. If a lawyer talks to witnesses called by another lawyer, this is called cross-examination.

In the court, the words hearing and trial mean basically the same thing – the process a court goes through to listen to people and make decisions.

20 The Process

Other parts of the process

You can also have a support person or lawyer with you at the meeting.

Court Ordered ConferencesCourt Ordered Conferences are meetings held when someone doesn’t agree with Child Safety Services about a Child Protection Order.

An independent chairperson runs the meeting, with the aim of getting everyone to agree to an outcome.

The meeting might ask questions like:

• what are we worried about?

• what is working well?

• what more needs to happen?

Usually, a Court Ordered Conference will be held before the court makes a decision, unless the Court is worried that someone may not be safe at a meeting. There may be more than one Court Ordered Conference while the issue is being heard.

A recognised entity should be present at a Court Ordered Conference for all Aboriginal and Torres Strait Islander children and young people to ensure all cultural matters are mentioned and considered.

Family Group Meetings A Family Group Meeting is a meeting where Child Safety Services will work with you and your family to develop a plan to address the worries everyone has. This plan aims to keep you safe and ensure your family gets help and support. You can go to the meeting along with members of your family and staff from Child Safety Services. There’ll be a convenor, who runs the meeting and makes sure everything is prepared in advance. If you have a Community Visitor or Child Advocate you can ask them to attend with you and help you present your views and wishes.

If you are Aboriginal or Torres Strait Islander, someone from a Recognised Entity will also come along to ensure your culture is understood and respected. A cultural support plan may be discussed at the Family Group Meeting as well.

Just because a person goes to a Family Group Meeting or agrees to help develop a case plan doesn’t mean they did anything wrong. However, the things people say in Family Group Meetings may be heard by the court, to help the court make decisions.

A case plan is the main thing that tells people what they can do to help keep you safe.


SubmissionA submission lets you, or your parents or someone else involved in your care, tell the court the personal reasons why you’d like the Magistrate to decide one way or the other. You can make a submission in person or in writing.

The difference between a submission and an affidavit is that a submission is your personal view, but an affidavit should only contain facts.

Social assessment reportThis is a report about your history, views and wishes written by an expert in child protection, such as a psychologist or social worker. The person writing the social assessment report will speak to you about your life, and will speak to other people close to you, and look at Child Safety Services records. The court will look at this report when it makes a decision.

Court documents

You may hear people talk about ‘court documents’. Court documents are the papers, that contain information and evidence, people involved in the process believe the court needs to have in order to make the best most informed decisions. Some of these might be:

Application for a Court Assessment Order or Child Protection OrderThis application will explain why Child Safety Services believes the court should make an order. The date of the court session will be near the end of this document.

AffidavitAn affidavit (pronounced affy-dave-it) is a statement a person makes “under oath”, which means they swear it is true. Normally, this means the person has signed a written statement in front of a Justice of the Peace, who has a licence to approve these documents. Saying things in an affidavit that are untrue is against the law.

Affidavits should only contain facts, not opinion.

22 The Process

The usual order of court events

The court process might happen differently each time, but usually it will go something like this:

Application filed

In the Childrens Court

First mention at the Childrens Court

This is where the court first reviews the case, and finds out whether the child protection order is accepted by your parent

Family group meeting/s

If you haven’t already had any family group meetings, there may be one or more of them to make or review case plans

Court ordered conference

If one or both of your parents disagree with Child Safety Services about how to protect you, there may be a court ordered conference to discuss this

Another mention at the Childrens Court

This is likely to make sure everything that needs to be done before the hearing is done

Hearing (or trial)

This is where people get to test each other’s evidence by asking questions of witnesses. The court makes a decision and final orders are given to all parties


How do I know what to expect in care? Who can help me?

Office of the Public GuardianThe Office of the Public Guardian supports and protects the rights of children and young people in care. They do this through Community Visitors who can come to see you in care to provide help and support, and through their Child Advocate who can provide support if you need to go to a court or tribunal. Phone: 1800 661 533 e-mail: [email protected]

Youth Advocacy CentreThe Youth Advocacy Centre offers free legal services, youth support and family support assistance and services to young people particularly those who are involved in the child protection system.

Phone: (07) 3356 1002 Email: [email protected]

Queensland Aboriginal and Torres Strait Islander Child Protection PeakQueensland Aboriginal and Torres Strait Islander Child Protection Peak works to support Aboriginal and Torres Strait Islander children and families.

Phone: (07) 3328 8500 Website: http://www.qatsicpp.com.au

For more information about what to expect in care, you can contact one of the following organisations:

Child Safety ServicesChild Safety Service Centres are located in communities throughout Queensland. Child Safety Officers work in Child Safety Service Centres.

You should speak to your Child Safety Officer if you have a question about your case plan or care.

If you need to speak to Child Safety Services during the night or on a weekend, you can call the After Hours Service Centre on 1800 177 135 or (07) 3235 9999.

CREATE FoundationCREATE aims to create a better life for children and young people in care. It offers support to young people in care, connecting young people to each other and to people who can help.

Phone: 1800 655 105Web: http://create.org.au/Email: [email protected]

Support

24 Complaints and reviews

If you don’t agree with a decision, such as:

• who you should live with

• whether your parents know where you’re living

• the amount of contact you have with your family.

You can talk to:

• your Child Safety Officer, who works at Child Safety Services

• your Community Visitor or a Child Advocate, from the Office of the Public Guardian

• Legal Aid Queensland

• the Youth Advocacy Centre.

If you are Aboriginal or Torres Strait Islander, you could talk to the recognised entity in your area or Aboriginal and Torres Strait Islander Legal Services.

You could also start by talking to people you trust, like teachers or local Elders.

You can also make a complaint on the Queensland Government website’s LiveChat.

If you’d like to review a decision of Child Safety Services, you can go to the Queensland Civil and Administrative Tribunal (QCAT). You can talk to a Child Advocate from the Office of the Public Guardian who can help you to make an application and present your views to the tribunal. A Child Advocate can even speak on your behalf if you would like them to. You should apply to QCAT within 28 days of finding out about a decision if you’d like them to review it.

QCAT can only review specific decisions, for example about where you will live and how much time family members can spend with you.

Complaints and reviews

What can I do when I don’t agree with a decision made about my life?


Rights resourcesContact details

There are many resources available, which will help you stand up for your rights while you’re in care. Here are a few:

CREATE FoundationStand up for yourself This is a short film that shows how you can speak up during meetings about your care.

Participate This guide gives tips on how to get involved when decisions are being made.

Legal Aid QueenslandWhat are your rights while in care? This guide will help explain your rights.

Youth Advocacy CentreBeing in Care – Making Decisions This guide will help you make decisions.

Child Safety ServicesKids’ rights This is a story book for children aged 4–10 years, explaining your rights in care.

My journey in care This is a notebook for young people aged 10–17 years. It explains how the care system works.

Some important contact details:

Office of the Public GuardianChild Advocates are located throughout QueenslandPhone: 1800 661 533e-mail: [email protected]

Legal Aid QueenslandThere are many Legal Aid offices throughout QueenslandPhone: 1300 651 188

Youth Advocacy Centre4/162 Petrie Terrace Brisbane QLD 4000 Phone: (07) 3356 1002 Email: [email protected]

Queensland Civil and Administrative TribunalLevel 9, 259 Queen Street Brisbane QLD 4000 Phone: 1300 753 228 Email: [email protected]

Aboriginal and Torres Strait Islander Legal Services 183 N QuayBrisbane City QLD 4000Phone: 1800 012 255

26 Principles

What are the principles – the key ideas – that guide decisions about children?

Family preservation and reunificationNormally, the best way to care for you is through your family. The preferred way to make sure your safety and wellbeing is met is by supporting your family.

If you have to be moved from your family, you and your family should be given the support you need to help you return home safely.

If you have to be moved from your family, Child Safety Services should consider whether you can be placed with your extended family (sometimes called ‘kin’) and, where possible, place you together with your siblings.

You should be able to maintain relationships with your family and kin and to know, explore and maintain your identity and values. This includes maintaining your cultural, ethnic and religious identity and values.

You have a right to grow up in a stable home which provides a connection to your family and community, if that is in your best interests. Your living situation must meet your development, educational, emotional, health, intellectual and physical needs.

By law, the people who make decisions about your safety have to keep certain things in mind, to make sure the decisions are fair and lead to good outcomes. Some of these are:

Best interests of the child (the paramount principle)When we say the paramount principle, we mean the most important principle that everyone has to consider when making a decision.

The paramount principle is that your safety, wellbeing and best interests are the most important things to think about when making a decision about you.

Views and wishes of a child The United Nations Convention on the Rights of a Child says:

Children have the right to say what they think should happen when adults are making decisions that affect them and to have their opinions taken into account (Article, 12).

This applies to all decision making, including decisions on how to keep you safe. You should also be given information and support to understand why a decision was made, and what your rights are.

Principles


Child Safety Services must give a recognised entity (this is an independent Aboriginal or Torres Strait Islander agency) the chance to take part in making a decision about where an Aboriginal or Torres Strait Islander child should live if they are taken from their home because it is not safe. If Child Safety Services is going to place an Aboriginal or Torres Strait Islander child in out-of-home care they must try and place the child with a member or their family, someone from their community or another Aboriginal or Torres Strait Islander person. This is called the Aboriginal and Torres Strait Islander Child Placement Principle. All consultations, negotiations, meetings and proceedings involving Aboriginal and Torres Strait Islander people are to be done in a way and a place that is appropriate, and considers Aboriginal tradition or Island custom.

Collaborative Family Decision MakingCollaborative Family Decision Making (CDFM) means Child Safety Services works with your family and community, to make sure your family is given the chance to make decisions about your care.

Fair and respectful decision-making Decisions should be made in a way that is open, fair and respects the rights of each person affected by the decision, including you.

Your privacy should be respected where possible.

Least intrusive order When a court makes a decision about an order they need to decide whether an ‘order on less intrusive terms’ – that is, an order that changes fewer things about your life – would be enough to protect you.

To do this, the court may ask questions like: does this order have to be for two years or is one enough? Can the order be for supervision rather than custody or custody rather than guardianship?

For example, if Child Safety Services has applied for an order seeking guardianship until you turn 18, the court would consider whether a shorter order, such as a two year custody order, would be enough to protect you.

Aboriginal and Torres Strait Islander children If you are Aboriginal or Torres Strait Islander, the court must consider your traditions and customs when making a decision that affects you.

28 Abbreviations

Abbreviations

It’s a good idea to understand what some of the abbreviations you might see or hear when people talk about child protection.

CAO

CCR

COC

CPA

CPIU

CSO

CSSC

DCS, DOCS, CSS, DCCSDS, Child Safety Services

DCPL

FGM

FIS

I & A

IPA

LTG

OCFOS

QCAT

RE

SDM

STC

TAO

TCO

Court Assessment Order

Child Concern Report

Court Ordered Conference

Child Protection Act 1999 (Qld)

Child Protection Investigation Unit, Queensland Police Service

Child Safety Officer

Child Safety Service Centre

Child Safety Services, Department of Communities, Child Safety and Disability Services (we call all these things Child Safety Services)

Director of Child Protection Litigation

Family Group Meeting

Family Intervention Service

Investigation and Assessment


Long Term Guardianship

Office of the Child and Family Official Solicitor

Queensland Civil and Administrative Tribunal

Recognised Entity

Structured Decision Making

Short Term Custody

Temporary Assessment Order

Temporary Custody Order


Glossary

Child Safety OfficerA Child Safety Officer works for Child Safety Services and will work directly with you, your family and carer to help make sure you are cared for, safe and well.

ContactBy law, contact means somebody speaking with, seeing or writing to you, including through emails and social media such as Facebook. Contact could be in any location and might happen with another adult, such as a Child Safety Officer, being there.

Court Ordered ConferencesCourt Ordered Conferences (COC) are meetings held when someone doesn’t agree with Child Safety Services about the need for a Child Protection Order.

An independent chairperson runs the meeting, aiming to get everyone to agree to an outcome.

The meeting might ask questions like:

• what are we worried about?

• what is working well?

• what more needs to happen?

Usually, a Court Ordered Conference will be held before the court makes a decision, unless the Court is worried someone may not be safe at a meeting. There might be more than one Court Ordered Conference while the issue is being heard.

Here are the meanings of some tricky words, in order of A–Z.

AdjournmentDelaying a hearing or mention of a case in court for a certain amount of time. There are lots of reasons these happen but often it is because the parents and Child Safety Services cannot agree on what the next step is or because they do not have all the information they want to give to the court before it makes a decision.

AdoptionAdoption legally gives the rights and responsibilities of parenting to another person – an ‘adoptive’ parent. If this happens, then the child is ‘adopted’, and they live with a new family. This means there is no legal relationship between a child and their birth parent (or their extended family) anymore.

AffidavitAn affidavit (pronounced affy-dave-it) is a statement someone swears to be true normally by signing it in front of a professional person called a Justice of the Peace

Case planA case plan is a written plan for your protection and care needs. It is developed in a Family Group Meeting between Child Safety Services, you, your family and other people significant to you. It records the goals and outcomes of ongoing intervention and includes the agreed tasks that will need to occur to meet the goal and outcomes.

30 Glossary

Just because a person goes to a Family Group Meeting or agrees to help develop a case plan, doesn’t mean they did anything wrong. However, the things people say in Family Group Meetings may be heard by the court, to help the court make decisions.

GuardianshipThe legal responsibility for making decisions about the long-term care, wellbeing and development of a child or young person. This includes decisions about things like medical procedures and enrolment in school. Your parents will remain your guardians until a court orders another person or Child Safety Services to be your guardian.

Intensive Family Support Service The Intensive Family Support Service (IFSS) helps vulnerable families in complex situations build their ability to care for and protect their children.

Interim custodyIf a court adjourns (delays) a hearing, it can make an interim order to make sure you are looked after properly in the meantime (‘Interim’ means ‘in the meantime’).

• an interim order made on adjournment of a court assessment order may grant temporary custody to the Chief Executive, or your parents.

A recognised entity will be present at a COC to support the cultural needs and safety for Aboriginal and Torres Strait Islander children and families.

CustodyThe right and responsibility to care for and make decisions about the day-to-day needs of a child. (For example, this could include how much television you watch, or which friends you can hang out with and where).

Family and Child ConnectThis is a free service to help families in need of support. Family and Child Connect (FACC) works with government and non-government services within the community to help families get the right services at the right time.

Family Group Meetings A Family Group Meeting (FGM) helps your family to develop or change a case plan, which is the main plan to explain what should be done to help keep you safe. You can go to the meeting, along with members of your family, your Community Visitor or Child Advocate, and staff from Child Safety Services. There’ll be a convenor, who runs the meeting and makes sure everything is prepared in advance.

If you are Aboriginal or Torres Strait Islander, someone from a Recognised Entity will also come along to ensure your culture is respected.

Glossary (continued)


• interim child protection order made on adjournment of a child protection order can grant custody to a family member or the Chief Executive.

PlacementA placement is the place where you live when you can’t live at home with your parents.

Recognised entityA recognised entity is an Aboriginal or Torres Strait Islander person or organisation who knows about protecting children, but is separate to Child Safety Services.

Social assessment report A social assessment report includes all types of information about you - like your history, where you live, along with the views and wishes you discussed in previous interviews. The social assessment report also includes information and reports from Child Safety Services and includes an independent opinion on the best way to protect your best interests.

Subpoena(Pronounced sub-peener): A subpoena is an order to give information to a court.

Let’s get started32

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