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3.4.6 Charter of rights for children and young people in the CEO’s care

Last Modified: 24-Mar-2022 Review Date: 13-Apr-2016

Overview

Children come into the CEO's care for various reasons.  Details about why a child is in the CEO's care, and how long they are likely to be in the CEO's care must be explained to them in an age appropriate way.  This entry provides information about the Charter of Rights for children and young people in the CEO's care. 

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

Rules
  •   You must inform and explain to the child:

    • what being in the CEO's care means in terms of decisions that are made about them

    • The purpose of the Charter of Rights for Children and Young People in the CEO's Care (the Charter), and

    • The role and contact information for the Advocate for Children in Care (the Advocate).

  • You must provide a copy of the Charter to each child when they enter the CEO's care

  • You must record that you have given the child a copy of the Charter in the main section of the child's provisional care plan/care plan, and

  • You must discuss the Charter with the child regularly, at a minimum on an annual basis.

Process Maps

Not applicable

Information and Instructions

  • Child participation
  • The Advocate for Children in Care
  • The Charter of Rights
  • Child participation

    ​Under s.10 of the Children and Community Services Act 2004, child protection workers need to emphasise the importance of child participation, particularly in relation to significant events and times of intense planning for the child:

    When a decision is being made that is likely to have a significant impact on a child's life, to make sure the child is able to participate in the decision-making process, the child must be given:

    • adequate information about the decision being made, in accessible language and in a way the child can understand.
    • an explanation on why the Department is making this decision.
    • an opportunity to express their wishes and views freely, according to their ability
    • any help they need to express their views and wishes
    • information on how their views and wishes will be documented, and
    • a chance to respond and to challenge the decision made.

    In relation to the extent of a child's participation, due regard must be given to the child's age and level of understanding. 

     

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    The Advocate for Children in Care

    The Advocate protects and promotes the interests and rights of all children in the CEO's care to have a say in decisions and actions that affect them and in the services that are provided to them.  The Advocate provides advocacy services to help children resolve issues and have decisions reviewed, and supports them in using formal complaint and review processes. 

    You and the Advocate should work together to resolve issues for children in the CEO's care.

    myView App

    From April 2020, the Department is inviting young people in care to try a prototype app designed to offer the functions young people have requested, together with news and ideas for keeping safe and connected.

    Refer to the Viewpoint resources below for more information:

     

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    The Charter of Rights

    The Charter includes the following principles:   ​ 

    1. You have the right to receive proper health care including medical and dental when you need it.

    2. You have the right to receive guidance and encouragement in your education and activities such as hobbies, sport, music, dance and art.

    3. You have the right to be kept informed about your care plan and have your views about the plan considered.

    4. You have the right to be respected (and to treat others with respect too).

    5. You have the right to raise an issue with your case worker, foster carer and/or Advocate for Children in Care.

    6. You have the right to privacy and to have your personal belongings.

    7. You have the right to be heard (and show the same to other people's views and opinions).

    8. You have the right to get help and support to go to court regarding your care.

    9. You have the right to have contact with family members and friends whenever possible.

    10. You have the right to be encouraged and supported in your religion and culture.

    11. You have the right to proper planning before leaving care.

    12. You have the right to be safe.​ 

    Versions of the Charter are available for age groups:

    It can also be downloaded as a poster for children in the CEO's care.  The poster is available in three formats, each designed for the different age groups listed above.

    Also refer to practice guidance in:

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