Information and Instructions

• Case management
• Department of Communities' responsibilities
• Reports to the Court
• Changes to hearing dates
• Detention Facility at Perth Children’s Court - interviewing of a child or young person
• Bail for a young person
• When a child or young person enters detention
• Detention - lengthy remand periods or continued custody after bail set
• Department of Justice responsibilities
• Information sharing
• Referrals from the Department of Justice to the Department
• Financial assistance
• Accommodation
• Education - case management
• Contacting the Court

Case management

The department with the primary reason for intervention should be the agency that assumes case management. For children and young people in the CEO's care, the Department will assume case management as the CEO holds parental responsibility.


Provision of case management and/or services 


Department of Communities	Corrective Services
A child or young person: is in the CEO's care or the subject of a care and protection application in the Court, or  has been referred to us by Corrective Services because there are concerns for the child or young person's wellbeing, particularly in relation to their age, maturity or other circumsstances, and a child safety investigation (CSI) is required.	A child or young person: is subject to a community and youth justice service supervision under the Young Offenders Act 1994 is identified as being at risk of continual offending is identified as requiring support, following completion of a Court Order, or  Corrective Services request assistance from us for short-term emergency accommodation - Justice retain case management responsibilities.

On request, Justice officers participate in case planning conducted by the Department.  

A child or young person in the CEO's care may have a Community Based Order or another order that requires the involvement of both departments. A Community Based Order means that a child or young person is provided the opportunity to undergo treatment or partake in educational, vocational or personal development programs rather than entering detention once convicted. As the child or young person is in the CEO's care and thus, the CEO has parental responsibility, the Department will have sole case management, however, will work collaboratively with Justice who will provide services as required.  In some situations, depending on the child and family's involvement with Justice, a jointly developed and managed case plan may be required. Officers from both departments must liaise with each other to develop a case plan that meets the child or young person's needs.  


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Department of Communities' responsibilities

Supporting the child/young person appearing in front of the Court:





A child or young person in the CEO's care who is arrested or charged with a criminal offence is entitled to independent legal advice. All children and young people attending metropolitan Children's Courts for criminal matters are provided with legal representation, either through Legal Aid, Aboriginal Legal Service, or private lawyers.  Legal Aid generally provides legal representation for children and young people in country Courts on certain days.  In regional districts you should contact Legal Aid directly for information where required.

Appearing in front of the Court may be a traumatic experience, particularly where a child or young person is from a regional or remote community and/or has experienced intergenerational trauma through cyclical family exposure to the justice system. When you are notified of a required Court attendance, you should notify the child or young person and their responsible adult to inform them of the Court date as soon as practicable. It is important that you attend Court to support the child or young person and affirm that, no matter the outcome, you will provide ongoing support to the child or young person. 

You should attend every court listing where a child or young person is in the CEO's care. Even if the child or young person is not present, you must attend Court:

• for all first appearances;
  
• when a bail application will or may be made;
  
• for mentions, where the child is on remand in custody; and 
  
• for any contested hearing and/or sentencing. 
  




If under reasonable circumstances you are unable to attend Mentions and Early Listings, Legal Advice and First Hearings, contact the Court Officer to request a referral form via email at DOCChildrensCourt@communities.wa.gov.au 





Complete the referral form with as much information as possible and return to the Court Officer via email.


Where a child or young person has not attended Court for a criminal matter before you should prepare them so that they know what to expect. For information refer to the Children's Court website.  

Children, young people and their families must be supported to participate in planning for Court processes in a manner and language that they can understand. To promote accessibility for all people who may have difficulty understanding or communicating in spoken English, you must offer the opportunity to engage an interpreter. For more information, see Chapter 4.2 – Language Services Booking and Payment.


Where a child or young person in the CEO's care is being transported from a regional district to Perth to have their matter dealt with, the Department's court officer will attend the Court for criminal matters with the child (and other shared clients) on their behalf.     The district retains responsibility for all decision-making.




When you appear before the Court, you must be properly informed of the child or young person's circumstances.  In addition, you must notify the Department's Senior Court Officer at the Perth Children's Court: DOCChildrensCourt@communities.wa.gov.au and provide information about the young person's circumstances with:  any plans for the child or young person approval to consent to bail a child or young person to the Department. If the Department is not consenting to bail, this decision must be made by the Regional Executive Director and the decision recorded (including reasons for refusing to consent to bail the child to the Department). Refer to the section 'Undertaking of responsible person for the bail of a child in the CEO's care' below. the child or young person's OOHC arrangement plans on release, and  the supports available to the child or young person to promote adherence to any bail conditions etc. Any plan to bail a child or young person to the Department should also include information about the intended OOHC arrangement for the child or young person, and how it will be actioned. If the conditions are considered appropriate, you must inform the child or young person's lawyer or the Department's Senior Court Officer of this before Court commences.




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Reports to the Court

Where the Court adjourns a matter for sentencing a child or young person in the CEO's care, both justice and the Department must prepare a pre-sentence report. Refer to the Judge's Practice Direction 2004 (in related resources).


The Court may request a report to inform proceedings, including pre-sentence reports. For all reports, use the Form 612 Report to the President/Magistrate of Perth Children's Court template in related resources and follow the report process: Four days before the Court date, send the Court Report as a Microsoft Word document to DOCChildrensCourt@communities.wa.gov.au.  The Court Officers will return the document and advise that it is ready for Team Leader endorsement and Assistant District Director approval. Once the document has been signed in pdf format, return the report via the Children's Criminal Court email address.

Collaborate with the child or young person's Youth Justice (YJO) to prepare the Department of Communities' report.  It should include information on management issues and contain consistent information.   For information on the type of information that needs to be included, refer to Report for the President or Magistrate of the Children's Court - example document in related resources.


If we are unable to keep a child safe or prevent the child from posing a significant risk to others in the community, include this in the report. The reports must be succinct, and generally should only be two pages in length.


When preparing the Court report:  Do not use emotive language. Have evidence to support included statements.

If the Department has assessed that the child or young person likely poses a significant risk to others in the community if released at this time, then this assessment should be included in the report. The reports must be succinct, and generally should only be two pages in length.


If you do not know the YJO's name, contact the Department's Senior Court Officer Perth Children's Court for more information: DOCChildrensCourt@communities.wa.gov.au and request assistance in identifying them. 

You can also contact the Senior Court Officer for information about the submission process.


Criminal listings in the Perth Children's Court generally commence at 10am.  If you are required to attend Court outside the metropolitan area, you should check commencement times for children's criminal matters with the local Court, as starting times vary.

Court etiquette


When attending any Court matter in the Perth Children's Court with a child in the CEO's care, you must sit at the Bar Table.   Where the child or young person is an open case and not in care, you are not required to sit at the Bar Table. In all other Courts, check where you are required to sit with the Court Administration staff.

On all occasions, when addressing a judge or magistrate, you must stand when speaking or when being addressed, unless directed otherwise.   When addressing a magistrate or judge, the proper term to be used is  "Your Honour". Where Courts use the services of Justices of the Peace, address them in the same manner.

To support the child or young person and their family, you should inform all attending parties about what to expect regarding court etiquette and processes. 


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Changes to hearing dates

If you or the child or young person are unable to attend Court on a particular date, it may be possible to change the date of the hearing to an earlier date.  You must contact the child's lawyer as soon as possible to discuss the matter.  The child's lawyer may request a change of the hearing date on your behalf. You should assist the child or young person's lawyer to the best of your ability to advocate on behalf of the child or young person, including notifying the lawyer of the nature and number of charges the child or young person is facing. For example, a duty lawyer may represent a child or young person on a bail hearing after being arrested the previous night, however, the child or young person may then need to be referred on to a different lawyer to obtain advice and be represented in future proceedings.

For more information email: DOCChildrensCourt@communities.wa.gov.au 


If the child or young person is too ill, or there is another acceptable reason for them not to attend Court, advise the Court early in the day and another date may be set for the matter to be heard.   You, the family or carers may advise the Court to prevent a Bench Warrant being issued against the child or young person.  A Bench Warrant is an arrest warrant issued by the court if the child or young person fails to attend court at the stated time. To support a claim of illness, it is preferable for the child or young person obtain a doctor's certificate and this should be provided to the Court on the next hearing date.


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Detention Facility at Perth Children’s Court - interviewing of a child or young person

A child or young person in the CEO's care (or any child or young person) held in the detention facility of Perth Children's Court must not be interviewed or spoken to by any officer of the Police, investigative officer of Corrective Services, Department of Justice or any other person acting on the instructions of those investigative officers - as per Practice Direction (9 of 2022) issued by the Children's Court of Western Australia.

Various persons, including Communities child protection officers, are permitted to access the detention facility in the Court building to speak with a child or young person in custody to support them, as per Practice Direction (9 of 2022) – (refer to related resources). You will need to provide your Working with Children's Card (WWC) before access will be provided. Further support can be provided by co-located Department staff at the Children's Court.


Metropolitan Courts

If you or the Senior Court Officer are not present in Court and the magistrate or President requests a Court Report for a child or young person, a YJO must refer the request to the Department's Senior Court Officer in writing with the child or young person's name, date of appearance and remand date.  The Senior Court Officer will inform you of the request.

Regional Courts

If you or the Senior Court Officer are not present in Court and the magistrate or President requests a Court Report for a child or young person, a Regional Youth Justice Services Officer (RYJS) must inform the local district office of the request in writing. The RYJS will provide the due date for the report and the child's remand date.

Should any miscommunication occur regionally, notify the Senior Court Officer at the Perth Children's Court in writing.


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Bail for a young person

Bail


Where a child or young person is awaiting an appearance in court to either face charges or be sentenced, bail may be granted. Bail is a written promise that a child or young person makes to attend Court on a certain day and at a particular time. The child or young person also agrees to comply with the conditions imposed by the Court. When signed, it is called a bail undertaking. This means that the child or young person in the CEO's care will not be held in detention while they wait to have their matters heard.  Under the Bail Act 1982 (WA), a bail undertaking entered into by a person who is under the age of 18 years binds that person as if the person was an adult.

The decision whether to grant bail and conditions as to bail is made by a Judicial Officer of the Children's Court. 

A child or young person has a right to bail, with limited exceptions, under clause 2 2 of Part C of Schedule 1 to the Bail Act.  Where a child or young person is not released on bail they will enter and remain in detention at Banksia Hill.  Detaining young people is an option of last resort under s 7 of the Young Offender's Act 1994 (WA), and is, generally, contrary to the best interests of the child or young person.

A child's right to bail is only qualified in prescribed circumstances, and only where it is determined there is no condition that could reasonably be imposed to ensure bail can be granted or unless there is no responsible person willing to enter an undertaking.

Section 3 of the Young Offenders Act 1994 provides that responsible adult, in relation to a young person, means a parent, guardian, or other person having responsibility for the day-to-day care of the young person but does not include a person who the regulations may provide is not a responsible adult. A responsible person should be able to support and direct the child or young person.

Before a child or young person is released on bail, a responsible person makes an undertaking, in writing, in the approved form, "Undertaking by a responsible adult".  The undertaking is to ensure that the young person complies with their bail conditions, and that the child or young person appears at their next appearance before the Court. 


Only an authorised officer can sign a responsible person undertaking (bail) for children and young people in the CEO's care. A carer cannot sign a responsible person undertaking for a child or young person in the CEO's care.

Bail requirements should be confirmed by the responsible person acting on behalf of the Department with the Team Leader prior to signing.  In the case of bail outside of core business hours, the Crisis Care Unit Team Leader should provide approval.  


The personal details of the authorised officer acting as the responsible adult should not be recorded on the signed bail undertaking. Record the address for the responsible adult as Communities Head Office: 5 Newman Court, Fremantle, WA, 6160. You should notify WA Police of the appropriate address so that they will not attend your personal address seeking the child or young person.

For a child or young person aged 10 - 16 years to get bail, a responsible person must sign the bail undertaking to ensure they comply with the requirements of the Bail Act 1982 (Schedule 1 Part C Clause 2).  If the child or young person is in the CEO's care, you, as a responsible person, can sign the bail undertaking.  This is called 'Responsible Person Undertaking – CPFS (Only' (Bail) of a child in the CEO's care.


If the young person is 17 years of age or older, the Court may release the young person on their own undertaking, provided the Court is satisfied of the young person's maturity to live independently without the guidance or control of a guardian.

A child or young person in the CEO's care can also be bailed by Justice under the Metropolitan Youth Bail Program, but responsibility for the OOHC arrangement remains with you.

Where the Court directs bail of a young person to the Department, you must locate a OOHC arrangement and sign all documents relating to the Bailed release of the child or young person.  On occasion, the Department's Senior Court Officer may be requested to sign these documents on your behalf, and forward copies to you. You should undertake all efforts to locate an address for the child or young person to be bailed to, including potential family arrangements, and departmental, and sector accommodation options managed through the Care Arrangement Hub, and, where appropriate, Crisis Care outside of core business hours.

When you are planning for bail, you should include the child/young person's views during decision making, including about the possible type of OOHC arrangement the child/young person may be bailed to.  Identifying with the child/young person where any support networks reside, contact arrangements with family and significant others, and any psychological or health related issues identified for the child/young person such as continuation of therapeutic supports and planning around educational enrolment / continuation should be included in planning.

You should clearly record all planning in the case file, including agreed bail addresses, contact numbers for safe carers, or confirmed OOHC arrangements (including name of provider, contact number, address and contact person) for a child or young person.


Out of Home Care arrangements for Aboriginal and/or Torres Strait Islander and/or CaLD children and young people on bail must be made in accordance with the Child Placement Principle and the guidelines for organising a OOHC arrangement for children and young people with CaLD backgrounds. For more information please refer to Chapter 3.4 – Aboriginal and Torres Strait Islander Child Placement Principle and Guidelines for the Placement of Children from Culturally and Linguistically Diverse Backgrounds.

On the next court appearance, you should ask the Senior Court Officer for the original documents and place them on the child's file.  In all cases where the Senior Court Officer represents a country Child Protection Worker, the original document must be forwarded to the district office by mail (or scanned and emailed to the Child Protection Worker) for filing.

Refusing a bail undertaking

Given a child and young person's right to bail and their best interests, exhaustive efforts should be made to support the child or young person to comply with their bail conditions and ensure that the responsible person undertaking is signed. Refusing to sign an undertaking means that a young person in the CEO's care will likely be detained, which has significant detrimental consequences for the child or young person's health, safety and wellbeing.


Children and young people who have been granted bail should not be kept in detention. A decision to not consent to bail a child or young person requires the approval of the relevant Regional Executive Director and is to be reviewed each subsequent day that a child or young person remains in detention but has been granted bail.

If you are concerned that, despite exhaustive efforts to support the child or young person in meeting bail conditions, the child or young person's exceptional behaviour indicates that they are unlikely to comply with the bail conditions, you must consult with your Regional Executive Director before refusing to provide a responsible person undertaking.  The Court should be informed of the efforts taken by the Department and the relevant concern (i.e., absconding).  With the approval of the Regional Executive Director, you may refuse to provide a responsible person undertaking; ; however, these should be exceptional cases. The following issues should be raised with the Court in their determination of whether to grant bail:

• Where there is a risk that the child or young person may endanger themselves.
  

• Where the Court has imposed conditions such as a curfew or 24-hour supervision, and this cannot be provided in the OOHC arrangement and no other OOHC arrangement is possible.
  

• Where the child or young person has a history of extreme violence or sexual assault.
  

You must gain approval from the Regional Executive Director and record the decision to not provide a responsible person undertaking for the child or young person with the rationale and place this on the child or young person's file. When recording, include the date decision was made, who endorsed the decision, and clear next step planning so that the child or young person can be safely bailed from custody.  Include the co-located Senior Child Protection Worker in Banksia Hill in planning and decision making.

If required, the District Director may consult directly with a Director in Specialist Child Protection Unit or with the Department's Senior Court Officer to inform decision-making.





Withdrawal of Responsible Person Undertaking (Bail)

The decision to withdraw the Responsible Person Undertaking – Communities Only (Bail) should only be considered after all other options have been exhausted and found unsuccessful. The Responsible Person Undertaking should only be withdrawn in exceptional cases and after a management plan has been implemented and attempted. 


The decision to withdraw an undertaking must be made in consultation with your Team Leader and District Director, and approved by the relevant Regional Executive Director.

In the metropolitan area, where a decision has been made to withdraw a Responsible Person Undertaking - Communities Only (Bail), notify the Department's Senior Court Officer.  The Senior Court Officer will forward the required documentation/template for you to complete.  Once completed, lodge the document directly with Court Administration, or return it to the Senior Court Officer, who will lodge the document on your behalf.


In country areas, you can apply directly to the local Court for the Responsible Person Undertaking – Communities Only (Bail) to be withdrawn, or you can contact your local Police station for assistance.

The Department's residential group homes have procedures to manage seriously disruptive behaviour of children and young people on bail. This must be discussed with senior management of the relevant facility. Where the senior management believe that a decision is needed to withdraw bail, this must be discussed with the relevant District who in the first instance should explore alternative options. Approval to withdraw an undertaking must be approved by the Regional Executive Director. 


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When a child or young person enters detention

​Collaborative Case Management Model

When a child or young person who is in care is in detention, responsibility for that child or young person is shared between Communities and Justice. Communities retains parental responsibility, while Justice has the responsibility to manage the day-to-day welfare of the child or young person.

For detailed guidance refer to the following in related resources:

• Collaborative Case Management Model, and
• Support to Children and Young People in Detention.

Contact numbers to be provided and Care Arrangement Referral submission


When a child or young person enters detention, they may feel isolated, scared, anxious and/or depressed. It is important that you make frequent contact to reiterate your support for the child or young person.

Where a child or young person is admitted to Banksia Hill, they require a list of contact numbers. The list of contact numbers should contain all contacts/phone numbers that the child or young person may use whilst in detention and must be approved by the child or young person's legal guardian.

You should begin to compile this list of numbers and record your approval on the list on the Family Group file as soon as you are aware that a warrant has been issued for the child or young person's arrest. This ensures that Crisis Care has access to the list if a child or young person is arrested outside of core business hours.

You should submit the approved list of contact numbers within one working day of becoming aware that the child or young person has entered detention. Provide all relevant contacts for the child or young person including family, carers, support workers and your personal work phone number. Where a child or young person enters detention on a Friday, the list of contact numbers needs to be submitted by close of business so that they can contact their family and people significant to them during the weekend.

Accompanying the list of contact numbers, you should provide as much information as possible relating to the child or young person's supports/therapeutic needs to the Senior Child Protection Worker co-located at Banksia Hill. This information should include:

• the disability status of the young person and any supports required
• the health status of the child or young person including medication and mental health plans and support.
• any therapeutic supports required which may be determined in consultation with the district psychologist,
• any current stressors such as the recent death/anniversary of the death of a family member, friend, or loved one.
• any other critical events which may impact the child or young person's social, mental, emotional wellbeing or provide context to the child or young person's current wellbeing status.

This information will support Justice staff and the Senior Child Protection Worker to support the child or young person by identifying their therapeutic needs while in detention. Where it is a child or young person's first time entering detention, fill out a Care Arrangement Referral (CAR) and submit this to the co-located Senior Child Protection Worker at Banksia Hill. District Psychologists should assist you to fill out the CAR as well provide a needs profile for the child or young person. For children or young people who have demonstrated a pattern of offending behaviour and consequently had multiple admissions into Banksia Hill, the CAR should be updated every two months at a minimum.

For more information, see Chapter 3.4 – Care Arrangement Referral.


Submit the list of contact numbers and CAR to both of the below mailboxes: DOCBanksiaHill@communities.wa.gov.au CPFrontDesk_MS-CC_Crisis_Care@communities.wa.gov.au

Contact and engagement with a young person who has entered detention:


Once you become aware that a child or young person you are working with has entered detention, contact Banksia Hill within one working day to organise contact with the child or young person. Where this cannot be accommodated due to the next available opportunity for contact or visitation falling on the weekend, you should collaborate with Crisis Care to contact the child or young person. This contact should include planning with the child or young person around contact with significant others in their lives while detained and to provide emotional support, and reassurance to the child or young person. 

You should prioritise in-person contact with a child or young person detained at Banksia Hill. Where this cannot occur due to exceptional circumstances such as a lock-down, the child or young person expressing they do not wish to have a visit in-person or geographical distance (i.e., you are in a regional/remote district at the time of the child or young person's detention), organise an e-visit or phone call with the child or young person.  

You should work with Banksia Hill to provide collaborative intensive support to the child or young person within their first week of admission. Following this, you should work with Banksia Hill to organise mentoring, therapeutic support, and exit planning for the child or young person. This includes identifying which services and supports offered by Banksia Hill are best suited to the child or young person's needs, or which services previously provided to the child or young person in the community through the Department can continue to be provided to them while they are in custody.

Within the first week of a child or young person entering Banksia Hill, you should undertake a consult with a District Psychologist to identify possible therapeutic treatment goals for the child or young person. The District Psychologist should meet the child or young person (in-person where possible) at Banksia Hill and create a plan for engagement during the period the child or young person is detained at Banksia Hill and post-release.

Where a child or young person is detained for a lengthy period, you should use the opportunity to conduct Quarterly Care Visits. For more information, refer to Chapter 3.4 – Quarterly Care Reports.

As a child or young person is approaching their date of release, you should liaise with the co-located Senior Child Protection Worker to collaboratively safety plan with Banksia Hill clinical staff. You should seek advice from Banksia Hill clinical staff as to whether the child or young person is at risk of suicide, self-harming behaviours, or other concerns. 


If you become aware that a child or young person detained in Banksia Hill is at risk of suicide, self-harming behaviours, or other critical incidents, the following guidance applies in conjunction with the Critical Incident Briefing Policy (see related resources): Where this concern arises during an in-person visit, do not leave the site without passing this concern on.  This concern can be communicated immediately to any staff or officer in the vicinity so that they can ensure the child/young person's immediate safety, with more comprehensive information passed onto the Manager Case Planning, who will disseminate accordingly. Where the concern arises during an e-visit or telephone call, you should telephone Case Planning immediately and outline the nature of the concern.  If Case Planning are not available, call (08) 9333 2222 to relay your concerns. Both above processes should be followed up in writing.




Where a child or young person is detained in Banksia Hill for a fortnight or more, you should attempt to contact the child or young person once per week at a minimum. During this contact you should ask about the child or young person's needs and attempt to engage the child or young person in planning for their care, exit, and supports.   Where you have made three attempts to contact the child or young person and this has been cancelled e.g., due to a lock-down, you should escalate the matter by contacting the co-located Senior Child Protection Worker who will raise the matter with Banksia Hill.

A child or young person's behaviour or words may indicate that they do not wish to engage with you. Reasons for this may be underpinned by shame, feeling misunderstood, stigma associated with being in the CEO's care, or the fear of being treated differently by peers. Where this occurs, continue to provide opportunities for engagement and notify the child or young person that should they wish to engage, you are available.

Due to the child or young person's change in circumstances while in detention, a modified Care Plan is required. You should use the opportunity to engage and amplify the child or young person's voice during planning. You should record how the child/young person contributed to planning, dates you spoke to the child/young person and the form of contact. Where the child/young person does not wish to engage, you should record all attempts made including any reasons why the child or young person does not want to participate. 


If there are any indications that a child or young person's rights are being infringed in detention, liaise with the co-located Senior Child Protection Worker at Banksia Hill to discuss your concerns and seek legal advice from Legal and Business Services, i.e., where a child or young person is prevented access to exercise hours or in instances of extended lockdowns.

Care Planning should consider the exit plan for the child or young person as well as planning to support the child or young person following their exit from detention. Addressing risk factors and implementing supports identified by the child or young person, family, carers, and community may assist in preventing offending behaviour. For more information, see Chapter 3.4 – Care Planning


An Aboriginal and/or Torres Strait Islander child or young person's experience in detention may be traumatic or triggering due to being off Country, intergenerational exposure to the justice system, and/or grief where a family member may have died in custody. Due to the significant change in the child or young person's circumstances. you must support Aboriginal and/or Torres Strait Islander children and young people to develop and maintain meaningful connection to culture, family, community, and Country. Consult with the relevant Aboriginal Practice Leader throughout this process.    A child or young person who is from a culturally and linguistically diverse (CaLD) background may experience displacement, stress, lack of social support, or triggers associated with immigration detention experience. You must support children and young people from CaLD backgrounds to develop and maintain meaningful connections to culture, family, and community.  For more information, please refer to Chapter 3.4 – Cultural Support Planning.

You should support the child or young person's family to visit Banksia Hill to maintain contact arrangements where this is in accordance with the child or young person's Care Plan, wishes and best interests. Visiting Banksia Hill may be a confronting and/or traumatising experience for both the child or young person and their family members and/or significant others. Where challenges to visitation exist such as geographical distance and accessibility, you should facilitate alternative contact arrangements such as video and/or phone calls.


Where a young person in the CEO's care is in detention and eligible for Leaving Care Planning, you should utilise every opportunity to engage them in the process. For more information, please refer to Chapter 3.4 – Leaving the CEO's Care and Transitioning to Adulthood.

If you are working with a young person who is also a parent, any visitation arrangements which had been in place prior to the young person entering Banksia Hill should be maintained wherever possible to promote the connection between the young person and their child.

Planning for a child or young person's exit from Banksia Hill

Planning for a child or young person's exit from Banksia Hill should occur as soon as the caseworker is aware that the child or young person has entered detention and before the child or young person is released. Planning should include who (case worker/family member/departmental worker) will pick the child or young person up and where the child or young person will be accommodated if they cannot return to an identified OOHC arrangement. Where a child or young person lives regionally, the district with casework responsibility should liaise with a metropolitan district to support the child or young person to attend the airport and coordinate a response where a worker/carer cannot fly to Perth to transport the child or young person. Where an escort is required, district with casework responsibility is to plan for this prior to the bail outcome.

Where safe to do so, a responsible adult may transport the child or young person from a police station or Banksia Hill to the identified OOHC arrangement. Where risk factors posed by the child or young person to the responsible adult have been identified, alternative transport options such as tracked taxi transport (where department workers follow a taxi) or police transport (in a secure vehicle) may be used where appropriate. 

Where risk factors are not identified, a carer may collect the child or young person, including via taxi transport. Transporting a child or young person to their OOHC arrangement may occur outside of core business hours and/or the carer's permitted driving hours.


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Detention - lengthy remand periods or continued custody after bail set

The President's Case Management and Bail List is in place to prevent children and young people from being held in detention for extensive periods before their matters are finalised, and to address where bail has been granted but the child or young person has remained in custody for more than seven days since bail was set.

The President's Case Management and Bail list commences at 9.00 am, usually on status conference days.  Youth Justice, responsible adults, the Department, and associated parties will be notified in the week before a matter is listed.  If a child or young person is released from custody before the matter is before the Court, the matter is removed from the list.

At the hearing, the Court will hear from the parties, Youth Justice, and any responsible adult about the reasons why the child remains in custody and consider whether it is necessary to expedite the matter or make any other desirable case management orders. The child or young person should have access to independent legal advice and representation in these proceedings. 


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Department of Justice responsibilities

The Department of Justice has responsibility for:

• preventing a child or young person from re-offending 

• supervising criminal related orders of the Children's Court

• supporting children and young people who use offending behaviour and their families during the period of a criminal related order of the Children's Court and for an agreed period following completion of a Detention Order (this period is recorded in the Supervised Release Plan).

For more information refer to the Reciprocal Policies and Procedures between the Department and the Department of Justice (related resources).  This outlines the case management responsibilities and referral and contact procedures for each agency.  It also provides guidance on how to resolve disagreements between workers and/or the departments about proposed intervention.


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Information sharing

Court staff provide basic information to Department child protection staff to assist with planning and OOHC arrangements.

Any request for information from the Court must be relevant information as per s.23 of the Children and Community Services Act 2004.  This may include information relevant to the wellbeing of the child or young person.

For more information see Information Sharing Between Government Agencies: Policy Framework and Standards (related resources)

Exchange of information between the Department and Department of Justice

Section 15A of the Young Offenders Act 1994 and s.23 and s.24A of the Children and Community Services Act 2004 enables the disclosure of relevant information between Justice and the Department relating to children and young people involved in the justice system in certain circumstances. Information about children and young people should be requested and disclosed in a collaborative manner.  See the provisions outlined in the Reciprocal Policies and Procedures between the Department and the Department of Justice in related resources.


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Referrals from the Department of Justice to the Department

The Department of Justice make referrals to the Department for a CSI when:

• the child or young person discloses that they have been abused or are at risk of abuse, and the parents or carers have not protected, or are unlikely to protect them

• there is a belief or knowledge that a child or young person has been abused, or is at risk of abuse and the parents or carers have not protected, or are unlikely to protect them, or 

• there are concerns for a child or young person's wellbeing related to the adequacy of their home environment or standard of parenting received.
  

The Department must advise Justice of the CSI outcome verbally and in writing.

Corrective Services or the Court may refer a child or young person to the Department for social services including a OOHC arrangement in circumstances where the child or young person who is:


• already notified to the Department for protection purposes, 
• in the CEO's care, or 
• considered vulnerable by age, maturity and/or circumstances.
  

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Financial assistance

The Department's Senior Court Officer does not provide financial assistance in any circumstances.  The only exception is for providing a taxi voucher when there are no other means of transport available to the child. 

For those children who are 'joint' cases, responsibility for costs should be negotiated – for full details, refer to the Reciprocal Policies and Procedures between the Department and the Department of Corrective Services.


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Accommodation

We arrange care and accommodation for children who are:

• in the CEO's care, or 
  
• under the age of 16 years, unable to live at home, and for whom both departments have determined that no alternative family accommodation is available.
  




Oout of Home Care arrangement plans for children and young people in the CEO's care should be in place before attending Court. If it is unclear whether the child or young person will be released and a OOHC arrangement will be necessary, you must consider contingency plans before you attend Court to prevent a OOHC arrangement crisis after the matter is heard.

Where a child or young person is not in the CEO's care but is an open case to the Department, the Courts may request assistance with accommodation from the Department.   In these situations, Justice should have been in contact with the child or young person, and family OOHC arrangement options and alternatives should have been explored. 


Children or young people considered to pose a significant risk to the welfare or property of another person may be excluded from admission to a Department facility.   Where this occurs, you must implement a contingency plan to support the child or young person.




Young people 16 years of age and above who are not in the CEO's Care





Where a family OOHC arrangement is not possible for a young person who is 16 years of age or older, the Court may request that the Department assists with a OOHC service (refer to 3.4 Placement services under s.32(1)(a). On these occasions, in the metropolitan area, the Department's Senior Court Officer will contact the appropriate district office for assistance. 

In some instances, the young person's YJO may contact the appropriate district office directly for assistance with accommodation for the young person.   On these occasions, the YJO should be referred to the duty officer. The duty officer should initially refer the YJO to access information from Entrypoint Perth.

In regional offices, assistance may take the form of assisting the YJO to identify other family, extended family or community options.

Before Youth Justice Services makes a referral to the Department for a short-term OOHC arrangement for a young person, all efforts should have been made to locate the parents, carers, suitable extended family members or other appropriate OOHC arrangement options.


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Education - case management

The service provided by the Department and Justice recognises the right of all children to access a meaningful education.

The Justice Education Officer assumes case management for all detainee students. 

In the metropolitan area, the Department's education officers are encouraged to attend Discharge Meetings for children in the CEO's care. Upon the release of a child in the CEO’s care, the Department's education officer assumes case management with support from Justice for the duration of the Order. The Justice Education Officer provides information from custodial education to our district education officer where required. 

In country areas, communication about, and participation in the Discharge Meeting is encouraged to provide continuity in all areas of need for children, including Education and Psychological services.

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Contacting the Court

​Queries relating to criminal matters can be directed to the Department's Senior Court Officer at the Perth Children's Court: Childrens_Criminal_Court@communities.wa.gov.au


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