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3.4.19 Placement services under s32(1)(a)

Last Modified: 06-Mar-2024 Review Date: 13-Apr-2016

Legislation
Overview

To advise child protection workers of the practice requirements associated with the provision of placement services under s.32(1)(a) of the Children and Community Services Act 2004 (the Act).
Rules

  • Placement services may occur under a number of sections of the Act, however, a child is only considered to be in the CEO's care if placement services occur under s.32(1)(a) of the Act.
  • For children under 15 years old, provision of placement services under s.32(1)(a) of the Act are only used when a negotiated placement agreement (NPA) would ordinarily be used, but cannot be, because the child is living with a non-parent. Refer to Chapter 3.4: Negotiated placement agreements.
  • A placement service should not be used where there are protective concerns which are to be decided by the Children’s Court (the Court).
  • As with a NPA, a placement service under s.32(1)(a) of the Act brings a child into the CEO’s care on an entirely voluntary basis.
  • The child is in the CEO’s care but parental responsibility remains with the parents. All legislative provisions and policies for children in the CEO’s care apply.
  • A care plan is required for a child in the CEO’s care under a placement service under s.32(1)(a) of the Act.
  • A child under 3 years of age cannot be placed in any Communities operated residential group homes.

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

Not applicable

Information and Instructions

  • Placement arrangements
  • Care plans

    • Placement arrangements

    There are two typical scenarios where a placement service under s.32(1)(a) of the Act may be provided:

    1.  The first is when a person who is not the child’s parent and does not have parental responsibility, seeks support in the form of a placement.  For example, a grandparent who has the primary role of caring for a child requests a respite arrangement. 

    If there are no protective concerns it may be appropriate to provide a placement service. However, this only applies if the parent is not contactable.  Before considering a placement service for the child, Communities must make efforts to contact the parents with a view to implementing a negotiated placement agreement. Refer to Chapter 3.4: Negotiated placement agreements (NPA).  If the parent cannot be contacted a placement service may be entered into with the carer as a means of providing support, and 

    2.  The second likely situation includes circumstances where the child’s parents are currently caring for the child (an adolescent), but there is significant parent-adolescent conflict. The adolescent may be  refusing to remain in, or return to parental care, or the parent(s) refuse to have the child home, but are not willing to enter into a NPA. In these circumstances, it may be necessary to provide a placement service for the adolescent.  This should be undertaken as a last resort and is not appropriate for a child under 15 years old.

    An assessment of the child's wellbeing, capacity and wishes should determine the type of placement arrangement required. For example, a young person may be able to live independently with support services, or it may be appropriate to place an Aboriginal or culturally and linguistically diverse (CaLD) young person in their community with supports rather than with a foster carer.  A referral and discussion with the senior child protection worker placement services (SCPWPS) should occur when attempting to identify the most appropriate placement arrangement for the child.

    Child protection workers must adhere to s.81 of the Act before making a placement arrangement for an Aboriginal child.

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    Care plans

    A care plan is required for a child in the CEO’s care under a placement service under s.32(1)(a) of the Act. This needs to occur within 30 working days of the child entering the placement arrangement. Refer to Chapter 3.4: Care planning - provisional care plans, care plans and Viewpoint. 

    The child should also be visited on a minimum three monthly basis - refer to Chapter 3.4: Quarterly care reports.

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Related Resources

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