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3.1.2 Employees of the Department providing foster care or urgent care arrangements

Last Modified: 12-Dec-2023 Review Date: 01-Oct-2018

 ‭(Hidden)‬ Legislation

Overview

Employees of the Department of Communities (the Department) may provide foster care to a child in the CEO's care or may consider becoming a foster carer. It can be difficult to balance work responsibilities and being a carer, and there may be times when you, as an employee, may require additional support or guidance to navigate this area. It can be particularly difficult caring for a family member and engaging with the Department as a safety network person, carer, and employee.

Note: CEO refers to the Chief Executive Officer of the Department.

Rules
  • An employee of the Department who wishes to foster a child in the CEO's care must be approved in accordance with the competencies set out in the Children and Community Services Regulations 2006.  If the employee is registered through an external agency, that agency is responsible for ensuring the competency of the carer through a contractual arrangement.

  • An employee of the Department who is a general foster carer or a family member or significant other carer (foster carer) must not access information that is confidential and would not normally be available to a foster carer. 

Information and Instructions

  • An employee wishes to become a foster carer
  • Assessment of the employee
  • Approval of the employee as a foster carer
  • Management of an employee who provides foster care for a child in the CEO's care
  • Employees providing care for a child in an urgent care arrangement.
  • An employee wishes to become a foster carer

    If you wish to become a general foster carer, you should apply to be assessed and managed by a non-government fostering agency. Exceptions may include where an employee wishes to provide emergency foster care.

    If you apply to become a general foster carer, or take on the care of a child in your own family as a family or significant other carer, advise your line manager as they can be contacted as a referee during the assessment process. For more information, see Chapter 3.1 Family and significant other care.

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    Assessment of the employee

    If you wish to become a foster carer you must be screened, assessed and approved in accordance with the Department's procedures, standards and competencies, in addition to those of the Community Service Organisation. If you are being assessed through an external agency, as is preferred, that agency will be responsible for ensuring competencies are met through the contractual arrangement with that agency. Any persons over the age of 18 years living in the home will also need to be assessed and screened.

    To meet carer competencies as an individual carer under s.79(2)(b)(i) of the Act, the regulations state that you must satisfy the CEO that you are:

    • able to provide care for a child in a way that promotes the wellbeing of the child, promotes the child's family and interpersonal relationships, and protects the child from harm

    • able to provide a safe living environment for a child

    • able to work cooperatively with officers, a child's family and other people when providing care for a child

    • able to take responsibility for the development of your competencies and skills as a carer, and

    • are a person of good character and repute.

    If you are an employee of the Department the carer assessment should be done by an assessor or contract assessor or, in the case of family or significant other foster carers, an officer from a district other than that in which you work. This should not be an issue where you have registered to become a foster carer through a community service organisation.

    If this is not possible, for example in country areas, the assessment should be conducted, wherever possible, by a senior child protection worker or team leader. Complete this assessment in consultation with the Care Arrangement Hub (the Hub).

    The assessment should consider the potential conflict of interests, confidentiality, and the possible risks involved in becoming a foster carer, and your understanding of these issues

    Before agreeing to become a carer, you should be fully informed about and have plan in place to manage the challenges of balancing the responsibilities of being a carer and an employee of the Department. This includes being aware of the procedures you will be required to follow if any abuse in care allegations are raised and if an assessment is conducted.

    If concerns arise for the safety or wellbeing of a child that has been in your care, the matter may be forwarded to the Integrity Operations for investigation. This process will be followed if you are a general or family and significant other carer.

    If there are any concerns that a child in the CEO's care may have been harmed, or there is a risk that a child may be harmed, by an employee who is also a carer, consult with Legal and Business Services immediately via the Sharepoint Legal Request Form.

    All concerns relating to children in the CEO's care or concerns relating to children with whom the employee has contact in the course of their employment must be reported to Integrity Operations. 

    For more information, see Chapter 2.1 Responding to concerns about employees.

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    Approval of the employee as a foster carer

    It is strongly encouraged that you register your interest to become a foster carer via a community service organisation. Where this is not possible, authority to approve an employee as a foster carer resides with the relevant Executive Director; or with the Director General if the employee is an Executive Director or Level 9 officer.

    If you are approved as a general foster carer for the Department, you will be allocated to a district outside the district in which you are employed. It is accepted that this may not be possible in country areas. In such cases, the District Director will take responsibility for implementing strategies to enable a clear separation of the two roles and to manage any conflict of interest.

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    Management of an employee who provides foster care for a child in the CEO's care

    You cannot be the case manager or decision maker for a child who is placed with you as a foster carer.

    You will be reminded of the restrictions on accessing confidential information that would not normally be available to a foster carer. This includes any information about the child in your care and their families, in relation to any assessment or case notes about you as a foster carer.

    If you are the line manager of an employee who is caring for a child in the CEO's care, it is your responsibility to discuss, monitor and manage any conflict of interest. This issue should be discussed with the employee at regular intervals including at the time of employment, at the time of approval, in annual staff performance appraisals, and at the annual foster carer review.

    If you are a carer for a child in the CEO's care and managment by another district is not possible, for example, due to geographic distance, discuss how case practice guidance will be managed without conflict on interst.  For example, consider if case decisions should be made by the district director or a specific assistant district director. 

    If you become a general foster carer with a non-government agency, inform your line manager as soon as practicable. Where you are a line-manager and you learn an employee is a foster carer with a non-government agency, take appropriate steps to ensure the employee understands any potential conflict of interest, confidentiality, and the possible risks. 

    Be aware that as a line manager of an employee who is a carer, you may face difficulties related to managing conflict of interest. –For example, when there are issues relating to subsidies, practice decisions that the foster carer (employee) disagrees with, or when the foster carer (employee) requests changes in work practices to meet the needs of the child in their care. 

    Case practice and carer management decisions are made by the district case managing the child.

    Employment issues are managed by the district employing the person who is a carer. Any employment issues or decisions should be made in consultation with the district director or senio management. 


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    Employees providing care for a child in an urgent care arrangement.

    ​There may be exceptional circumstances where an employee (who is not a registered foster carer or family member of the child) is asked to provide an urgent care arrangement for a child in the CEO's care. 

    👉 As this is at the direction of the Department, the employee is undertaking paid employment.  

    An urgent care arrangement with an employee should only be considered if all acceptable care arrangement options have been explored and exhausted and must be approved by the Regional Executive Director or their delegate. If no other care arrangements are available, an urgent care arrangement by an employee is to remain in place for the shortest possible length of time. For more information on other forms of urgent care arrangements, see Chapter 3.1 Family and significant other care.

    The act of providing care for a child in these urgent care arrangements can pose a risk to the health and safety of both workers and children.  It is a requirement to identify and manage hazards to minimise or mitigate risks. Even when the risks involved have been identified as low, providing care for a child or young person can be challenging and stressful, and the employee should be provided with support, such as:

    • Opportunities to debrief and 'check-in' when needed (afterhours, this could include the Crisis Care Unit).

    • Assistance to manage their workloads and work hours with flexibility to account for their caring responsibilities.

    • Being provided the details for the Employee Assistance Program (EAP), and time to access these services during workhours.

    When an urgent care arrangement is made with an employee, including where the child in care is taken to that employees' personal residence, it is defined as a critical incident type under the critical incident briefing policy. Please refer to chapter 2.1.5 Responding to concerns for children in care – critical incidents for further information. You can also refer to Critical Incident Briefing Policy and Critical Incident Briefing Procedure in related resources for information on how to record internal briefing of critical incidents as per the policy.

    An urgent care arrangement for a child in the CEO's care may be considered with a Department employee in the following circumstances:

    • Protective action is taken to ensure the immediate safety of a child and there are no known or willing family members to care for the child, and no emergency care arrangements available via the Hub. 

    • An existing care arrangement has broken down and it is not safe or appropriate for the child to remain in the care arrangement or home with the current carer. No other family members or significant others are willing or able to care for the child in an urgent care arrangement, and no emergency care arrangement are available via the Hub.

    • Where an urgent care arrangement is in the best interest of the child, considering the lack of other available options.

    Under the Children and Community Services Act 2004 (the Act), an urgent care arrangement with an employee can only be made if this is the best available option for the child. In making this kind of a care arrangement, the safety and wellbeing of the worker should not be compromised. If an urgent care arrangement is likely to be traumatic for the child to the point where that child or young person poses a significant risk to the employee or others, and these risks cannot be mitigated, this arrangement is not in the best interest of the child and the care arrangement should not proceed.

    Secure Care is not an appropriate option for a child due to a shortage of other care arrangement options. If during the assessment it is determined that an urgent care arrangement by an employee is not appropriate due to the extreme levels of risk posed by the child, or due to the extreme risk for the child due to self-harming and/or suicidal ideation, this level of distress may indicate a referral to Secure Care should be considered.


    Urgent care by an employee in the home

    Urgent care by an employee is provided in the capacity as paid employment. An arrangement in an employee's home is only appropriate in the following circumstances:

    • The employee is aware of all risks associated with caring for a child in the CEO's care in their home, and they freely agree to this arrangement.

    • The child or young person does not pose a risk to carers, employees, or other children.

    • If the child is able to provide their views, these have been considered.

    • The Urgent Care by an employee checklist in related resources has been completed and approved.

    An urgent care arrangement by an employee may be appropriate if the child is young or an infant, and no risks have been identified for the employee caring for the child in their home. The employee may still be covered by insurance for injuries and accidents, similarly to any other foster carer. 

    The child must have a safe and clean sleeping environment, with age-appropriate levels of privacy. The sleeping environment should be sighted prior to finalising the approval for the urgent care arrangement. Sighting the sleeping environment can be done in person, or through the use of photos or a virtual phone call. 

    The Urgent Care by an Employee checklist prompts the worker to:

    • determine what, if any, financial or practical support is required to ensure the employee can safely care for the child - this may include the use of a work vehicle, a cot, a car seat etc.

    • consider and discuss the responsibilities and expectations for an employee while caring for a child in the CEO's care. This includes ensuring the employee understands what confidential information can and cannot be accessed, agrees to an Assist and Family and Domestic Violence Triage (FDVRT) check and agrees for their name and details to be recorded in Assist.

    • ensure the employee has made an informed decision to care for the child. This includes understanding what assessment and disciplinary processes will be initiated if allegations of concern for the child/ren while in the employee's care are made

    • consider and mitigate risks identified in the home. Ensure these risks are included and addresses as part of the safety plan and documented within the checklist.

    • ensure all relevant consultations, information sharing, approvals and forms have been completed. 

    Urgent care by an employee in private accommodation

    Urgent care by an employee provided in a private accommodation service, such as a motel or Airbnb, must be in the capacity of paid employment. This is the only form of urgent care that is appropriate by an employee where the child or young person presents with any of the following behavioural risk factors:

    • Current behaviours that indicate a risk of violence towards carers, other adults and/or other children.

    • Harmful sexual behaviours directed at others.

    • Recent serious self-harm that is likely to require medical attention and/or suicidal ideation that includes planning around suicide.

    • Current harmful substance use.

    • Repeated or dangerous fire lighting.

    • History of engaging in extensive deliberate property damage.

    • Psychiatric disorder that impacts on the child or young persons behaviours in a manner that is aggressive, violent, dangerous, or dangerously impulsive.

    • Current health issues including blood borne viruses which could pose a risk to employees.

    Where an urgent care arrangement by an employee in the capacity of paid employment is made, a Job Safety Analysis form (in related resources) must be completed. This form will support you to identify and mitigate hazards to the employee and must be completed prior to a child entering an urgent care arrangement with an employee.

    Employees caring for a child or young person in an urgent care arrangement in the capacity of paid employment are required to meet all the usual work-related responsibilities and  is eligible for the usual work-related entitlements, such those related to insurance. 

    Provide the employee with the details for Statewide Referral and Response Service – Crisis Care Unit (SRRS-CCU) in case they require assistance afterhours.

    Document the checklist and any case notes clearly to ensure SRRS-CCU staff can locate information quickly, easily and can respond appropriately.

    Employees should always consider their own current state of wellbeing and personal circumstances when deciding whether they have the capacity to provide safe, emergency care for a child. Providing care for a child or young person can be emotionally draining, particularly where de-escalation skills are required. An employee must advise their manager if they do not have the personal resources to care for a child in an urgent care arrangement.

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