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3.4.18 Living with parents

Last Modified: 24-Mar-2022 Review Date: 01-Apr-2017

 ‭(Hidden)‬ Legislation

Overview

There are circumstances where a child in the CEO's care may be living with their parents. This can include:

  • as part of a reunification plan
  • the child refusing to remain in a care arrangement made by the Department and continually self-selects to live with his or her parents
  • significant changes in circumstances endorsed by the care plan, or 
  • the arrangement has been ordered by the Children's Court.

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

Rules
     
  • A child in the CEO's care who is living with his or her parents must have a care plan that outlines the decisions for the care arrangement.
  • The rationale must be clearly outlined in the case plan, which informs the care planning decisions.
Process Maps

Not applicable

Information and Instructions

  • Care planning and case planning processes
  • Safety concerns for the child
  • Subsidies and other payments
  • Care planning and case planning processes

    A child in the CEO's care living with his or her parents is in a care arrangement under the Children and Community Services Act 2004 (the Act).  As such, the child must have a care plan and all care planning processes must be undertaken – for example, Quarterly Care Reports, annual Documented Education Plans (if attending school) and health care planning assessments.    

    You must also undertake ongoing case planning with the child (age permitting), the parents and other relevant parties and document the case plan in the relevant Stability and Connection Planning form (Stage 1 to Stage 4).  Access the forms and guidance from Chapter 3.4 Stability and Connection Planning

    Case planning meetings must be used to articulate the following clearly: 

    • Purpose.
    • Intent and direction of our involvement.
    • The roles and responsibilities of everyone involved.
    • Identification of the family and our safety goals to keep the child safe in the care arrangement.

    Planning should be guided by the reason the child is living with his or her parents.

    For example, if the arrangement is a step toward the goal of reunification, the principles of reunification should guide planning.

     Refer to the following entries:

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    Safety concerns for the child

    If you have any concerns about the safety and wellbeing of a child in the CEO's care who is living with his or her parents, you must consult with the Duty of Care Unit and consider undertaking a Child Safety Investigation.

    Refer to Chapter 2.1.4 Responding the concerns for children in care – overview in determining the appropriate Duty of Care Notification to record on Assist.

    If a child is deemed to pose a risk to others, has seriously hurt another child in their care arrangement, or displays behaviours that indicate they are likely to pose a risk to others, such as extreme violence and violent or abusive harmful sexual behaviours, you must do the following: 

    • Recognise the child posing a risk to others is also in need of support and respond to the child in a trauma-informed manner. It is important to recognise and acknowledge that the child is likely to be displaying trauma-related behaviours.
    • Ensure the immediate safety of all children involved and in the care arrangement. This may include seeking medical advice and or police involvement.
    • Contact the district managing the child who has been harmed in the care arrangement or who is believed to be at risk in the care arrangement. This district may want to be involved in safety planning.
    • The child who may pose a risk to others must be invited to participate in the safety planning process. The carers/family will also need to be invited to participate. They must all be provided with details of the safety plan once it is made and kept up to date if any changes are made.
    • A new care arrangement must be organised if the risk is considered too great and is unable to be managed through safety planning.
    • A new care arrangement must be organised where a child is in a residential care home or setting with other children (including siblings), and you become aware they have reporting conditions under the Community Protection Offender Reporting Act 2004
    • Create an alert on Assist if the child who poses a risk to others is to remain in the care arrangement with a safety plan in place. This alert must be removed if the child moves or if they are no longer deemed to be a risk to others.

    You or another case worker must speak to the child who has been harmed/who is at risk in the care arrangement. It is important that they have the opportunity to raise any safety concerns, that their opinions and wishes are considered that they are offered and provided appropriate therapeutic supports.

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    Subsidies and other payments

    A child in the CEO's care who is living with his or her parents is not considered to be in a foster care or short break care arrangement. Therefore, the child will not receive pocket money and the parents are not eligible to receive a subsidy (as they are not foster carers).

    However, the child may be eligible for case support costs on an 'as needs' basis. Any significant ongoing costs should be recorded in the child's care plan with a clear decision determining who will be responsible for the expense.

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