See procedure Conducting a joint visit with The Orange Door or a Family Services provider - procedure for tasks that must be undertaken.
Victorian Government policy supports early intervention and prevention to improve outcomes for vulnerable children and their families.
The Children, Youth and Families Act 2005 (CYFA) provides for early intervention and prevention by enabling Child Protection to work with The Orange Door or a Family Services provider in some circumstances. This can include Child Protection engaging directly with families as part of a joint visit with The Orange Door or a Family Services provider.
This type of assistance or advice is voluntary. The intent of the legislation is to enable support in the community for prevention of future harm, and to reduce the likelihood of child protection intervention with the family by working earlier and in partnership with the child and family and appropriate support services to address the need or risk factors.
Child Protection’s powers to conduct a joint visit are separate, and different, to Child Protection’s powers to act where there is a need for protective intervention.
This advice sets out when it is appropriate for Child Protection to conduct a joint visit.
Under the CYFA, Child Protection may receive a confidential report from any person who has a significant concern for the wellbeing of a child (s. 28 CYFA).
In accordance with the provisions of s. 39 of the CYFA, an intake record must be created in CRIS for each report.
See procedure Receiving, registering and classifying a report for tasks which must be undertaken.
Under the CYFA, the identity of a reporter and any information likely to lead to their identification as the reporter, cannot be disclosed by child protection unless the reporter gives written consent or by order of the court (s. 41 CYFA). Child protection can share reporter details with others who are able to receive reports or referrals under the CYFA (police – as protective interveners, and community-based child and family services, such as The Orange Door).
If Child Protection considers that a report is made by a person who has a ‘significant concern for the wellbeing of the child’, Child Protection is given the power under s. 30(1) of the CYFA to:
- provide advice to the person who made the report
- provide advice and assistance to the child or the family of the child
- refer the matter to a community-based child and family service or a service agency to provide advice, services and support to the child or the family of the child
- make a determination, under s. 34, that the report is a protective intervention report.
Section 30(1) of the CYFA gives Child Protection the power to provide voluntary advice and assistance, which includes conducting a joint visit.
If Child Protection does not consider that the person making the report has ‘significant concern for the wellbeing of the child’, there is no power to provide voluntary advice and assistance, and no power to conduct a joint visit. Child Protection should only provide voluntary advice and assistance (including a joint visit) where Child Protection has referred the case to The Orange Door as an Enhanced Referral and then closed the case.
If Child Protection considers that the report meets the threshold for a protective intervention report (see s. 162 CYFA), Child Protection should not provide voluntary advice and assistance and should not conduct a joint visit. Child Protection should instead investigate the report in accordance with s. 205 of the CYFA.
Following the receipt of a report and the completion of an intake risk assessment where a decision has been made to close and refer the matter to a community-based child and family service via an Enhanced Referral to The Orange Door, contact can be made with the family of the child or the child.
The aim of the joint contact is to provide:
- Advice and assistance to the child and family of the child, as set out in s. 30(1)(b) of the CYFA, and
- advice to The Orange Door or Family Services practitioner.
The joint contact by community-based child protection practitioner can only occur upon request from The Orange Door or a Family Services agency in response to an Enhanced Referral.
Joint contact with The Orange Door or Family Services practitioner for an Enhanced Referral can occur via telephone, a visit to the family home or another location appropriate to the child and family’s circumstances.
It is best practice for joint visits to be pre-arranged with a family; however, where contact with a family cannot be established unannounced joint visits can occur. Before a joint contact is undertaken, the Child Protection practitioner should undertake planning with the relevant The Orange Door or Family Services practitioner as a first step.
After planning a joint visit with the relevant The Orange Door or Family Services practitioner, the Child Protection practitioner should make attempts to contact the family and/or child to:
- Inform the family of the child and where relevant the child of the role of Child Protection and The Orange Door or a Family Service
- inform the family of the child and where relevant the child of the receipt of a report (s.28), the decision to close the report and to provide advice and assistance to the family via an Enhanced Referral to The Orange Door
- inform the family of the child and where relevant the child that their engagement with Child Protection is voluntary; and
- obtain the family’s and where relevant the child’s consent to participate in a joint visit.
The family’s consent is required where Child Protection’s response is to provide advice and assistance to the child or the family of the child (s.30(1)(b)). This is because any assistance or advice provided to the child or the family is voluntary, as Child Protection's investigative and statutory powers do not apply until a protective intervention report is received.
It is best practice to obtain the family’s consent prior to undertaking a joint visit. Where prior consent cannot be obtained, the Child Protection Practitioner must obtain the family’s consent at the unannounced visit before participating in the joint visit.
Consent is not required to exchange information with other entities, for example The Orange Door, for the aim of assessing and planning appropriate support and advice to the child or the family. Consent is also not required when providing information or advice to the reporter.
It is important that Child Protection practitioners do not directly or indirectly divulge their professional identity or the nature of the concerns to people who are not receiving assistance or advice.
If the advice and assistance visit is occurring at the family home, on arrival at the reported address the Child Protection practitioners should establish that the correct address has been located, and the right family found.
When it is confirmed that they are speaking to the child's parent or primary carer, Child Protection practitioners should introduce themselves and show identification.
The Child Protection practitioner must inform the family and, where relevant the child, that:
- Child Protection has received a report regarding concerns for the well-being of their child (s.28 CYFA);
- the wellbeing concerns raised in the report have been assessed as not requiring protective intervention but are best addressed through engagement with voluntary support services. It should be explained to the family that the purpose of Child Protection’s presence at the joint visit is to provide assistance and advice to the child and the family and advice to The Orange Door or Family Services practitioner;
- their engagement with the assistance offered is voluntary; and
- the Child Protection practitioner may take notes and that these notes will be recorded on the child’s file.
The family’s consent to proceed with a pre-arranged or an unannounced joint visit should be sought.
The Orange Door or Family Services practitioner will lead the discussion with the family about the assistance they require from The Orange Door or Family Services and to explain the services that they can provide.
The identity of reporters is protected, as is any information likely to lead to their identification (ss. 41 and 191 CYFA).
All staff need to take care not to provide any information which may lead to the identity of the reporter, that is, be careful in describing concerns or information which only the reporter would know.
If the identity of the reporter is raised, CBCPP should explain that legally this cannot be disclosed, unless the reporter has previously provided written consent.
The record of the joint visit is to be completed contemporaneously, that is, as soon as possible and within 24 hours or the next working day.
A record of the visit will be recorded as an ‘Advice and assistance s.30 (1)(b)’ case note in the last intake for each child subject to the Enhanced Referral.
The case note should contain:
a record confirming whether the family were told that their engagement with the assistance offered was voluntary and whether they consent to the joint visit;
- the purpose and outcome of the joint visit;
- key issues discussed or arising;
- changes to wellbeing concerns and risk assessment;
- action taken or required;
- service plan developed by TOD practitioner; and
- reference to any other relevant information.
During the joint visit the Child Protection practitioner may receive additional information which indicates risk to the child or young person. If that occurs, the practitioner should contact their supervisor regarding the appropriateness of making a protective intervention report for the purposes of commencing an investigation regarding the children.
The changed status of the visit from advice and assistance to investigation and assessment of a protection intervention report must be communicated to the parent and child by the Child Protection practitioner.
In these circumstances, investigation planning policy and first visit procedures will apply.