Review of a decision made by Child Protection without a protection order - young people

Central After Hours Assessment and Bail Placement Service provide an outreach response to young people who are at risk of remand to a youth justice facility or requiring a bail placement. The service operates between 5.00pm and 2.00am weekdays and 9.30am — 2.00am on weekends and public holidays.

Central After Hours Child Protection Emergency Service

Central After Hours Placement Service supports the After Hours Child Protection Emergancy Services (AHCPES) and Streetworks Outreach Service (SOS) by identifying suitable placement options for children and young people needing out-of-home care.

Central After Hours Services. A suite of co-located services that provide statewide services after business hours.

CALD is an acronym that stands for culturally and linguistically diverse. CALD can be used as an inclusive term, similar to “multicultural”, to describe Australia's cultural and linguistic variety.

CALD is generally used to refer to those who originate (or have parents who originate) from a country where English is not the dominant language or where cultural norms and values differ from the predominant cultural norms and values present in Australia. Typically, this means CALD peoples are not native-English-speaking Anglo-Saxons/Celtics or Aboriginal and Torres Strait Islander peoples. CALD peoples comprise a significant proportion of Australia's population.

Effective engagement with CALD families requires that practitioners are culturally competent through demonstrating respect for and understanding of culture. Such practice is linked to improvements in health and wellbeing for CALD families. It is important to be aware that CALD peoples may have had adverse experiences that impact on their capacity to trust practitioners. These experiences might include historical dispossession, collective grief, loss or trauma.

Different cultures use different child-rearing practices. However, the kinds of behaviours that cause harm – such as neglect, and physical, emotional and sexual abuse – are universal, and must always be addressed, regardless of cultural background.

Child and Adolescent Mental Health Service. Specialist mental health services, providing assessment and treatment services for children and young people up to 18 years.

Assessed and approved home-based carers are eligible to receive a care allowance that assists with the day-to-day costs of care. The allowance is intended to contribute to expenses incurred by carers in the course of proving home-based care for children such as, food, household provisions, utilities, clothing, recreational activities and entertainment. The care allowance is not a payment for a carer’s time or expertise. Similarly, it is not compensation for a carer who is not engaged in paid employment.

The purpose of a care and placement plan is to ensure that all children and young people in out-of-home care have a clearly developed plan that addresses their needs and all parties concerned with the care of the child or young person are clear about what they are expected to do to achieve the plan. The placement plan will always be guided by the case plan, where this exists. A care and placement plan records the detailed day-to-day arrangements for the care of the child or young person. It identifies how their long and short term needs will be met.

(a) A young person over the age of 16 years who has been on a guardianship or custody order and is moving out of care to independent living.

(b) The term ‘care leaver’ is also commonly used to describe an older person who grew up in care. In the past many people grew up in children's homes or institutions. Some were former wards of state while others were placed in care voluntarily by their families.

The care teams exists to strengthen communication and collaboration between carers, DHHS staff, community service organisation staff, other associated professionals, clients and their families, prompting all parties involved to consider the things any good parent would naturally consider when caring for their own children. The care teams develops the care and placement plan and contributes to the best interests planning process. The composition of a care team will vary depending on the specific issues and needs of the child and family, however it will always include the child protection practitioner, agency placement worker, the child’s case manager, the child’s carer and parents (as appropriate).

A carer has primary day-to-day responsibility for a child in out-of-home care and aims to ensure the safety and wellbeing of that child. A carer must be able to form a positive relationship with the child that provides warmth, nurturing, support, stability and guidance. By definition, a carer is not the child's parent. A kinship carer will be assessed and approved by child protection, a foster carer or permanent carers will be accredited and approved by a community service organisation. A carer is an integral part of the care team.

Centre Against Sexual Assault.

A case contract is a formal written agreement between DHHS and a community service organisation regarding the case management of an individual child protection client by the CSO; or the provision of case management tasks on behalf of child protection.

Case management is the coordination and delivery of services provided as part of a best interests plan.

The person allocated the primary responsibility of overseeing implementation of the child or young person’s best interests plan. This can be either a DHHS or CSO employee.

Is the formal plan (s. 166 of the CYFA) that must contain all significant decisions for the child's present and future care and wellbeing of the child and the premanency objective for the child where protective concerns have been substantiated. The case plan for an Aborignal child placed in out-of-home care must address the cultural support needs of the child.

Case planning in child protection practice relates to the process of planning with children and their families following substantiation of child protection concerns. All case planning processes must comply with the best interests principles in s.10 of the CYFA and decision-making principles in s. 11 of the CYFA. These sections set out the considerations that Child Protection must have when determining whether a decision or action is in the child’s best interests - they require Child Protection to actively and effectively engage families and children (in age-appropriate ways) in the decision-making process.

The case planning process results in the development of a case plan

Client And Service Information System. Former child protection electronic database replaced by CRIS.

Crisis Assessment and Treatment Team. Mental Health Services psychiatric triage. A 24 hour information, assessment, treatment, referral and support service for any person who may be in psychiatric crisis.

Catchment area

A catchment area is the geographical area for which the service is provided – for example a local government area.

A formal caution issued to a young offender by a senior police officer in the presence of a parent following which no court proceedings are brought.

A document prepared by an informant and served on a defendant detailing an alleged offence by the defendant.

The Charter provides a framework of principles to promote the wellbeing of children and young people in out-of-home care in child friendly language. The Charter should be displayed in all residential care settings and be made available for each child in out-of-home care. The Charter should be explained and discussed with children in an age appropriate manner.

A person who at the time of commission of an alleged offence was aged between 10 and 17 inclusive but does not include any person who had turned 19 when a proceeding for the offence is commenced in the court.

A person who is under the age of 17 or, if a protection order is in force in relation to him or her, is under the age of 18.

Is any action, or lack of action, that significantly harms the child’s physical, psychological or emotional health and development. The CYFA enables consideration of the pattern and history of harm and the impacts on a child’s safety, stability and development. There is an overwhelming body of evidence which indicates that chronic neglect, abuse and family violence are harmful and have a cumulative and detrimental effect on a child’s development. Child abuse can occur within a single incident or on multiple occasions and is categorised in the following manner:

(1) Physical abuse

(2) Sexual abuse

(3) Emotional/psychological abuse

(4) Neglect.

Child-care agreements may be entered into by a parent wishing to place a child or young person in a voluntary out-of-home care placement.

Voluntary placements are those with no court order providing for the child or young person to live in a placement provided by a community service and where the parents (or in some cases the child or young person) may end the placement when they want to.

Section 135 of the (CYFA) allows a parent of a child to enter a written agreement with a service provider to place a child in the care of a service provider for the purpose of:

Supporting the child and his or her parent and

Encouraging and assisting the child’s parent to resume the care of the child.

Also referred to as child focussed family centred.

Child centred, family focussed practice is a collaborative strengths based approach that recognises that the best interests of the child will, in most circumstances, be met in the context of helping and supporting the child’s family to function well. This approach brings together the specialist resources provided by a professional and the knowledge, skills, concerns, decisions and plans of the family. The child centred aspect aims to ensure that the safety and wellbeing of the child remains of central concern and the family focused aspect seeks to bring about an improvement of each family’s circumstances by working in partnership with the family and building on their strengths. The approach also seeks to adopt a broad definition of ‘family’ that is inclusive of significant others in the child’s relationships network and to involve families in making choices about the resources and services they need.

Child FIRST (Child and Family Information Referral and Support Teams) provide a community based referral point into family services. This is the entry point into integrated family services in a service area. Children and families are referred to Child FIRST where there are significant concerns about a child’s wellbeing. Child FIRST will assess the risk to and needs of the child and the family and prioritise accepted referrals on the basis of need, then allocate to family services.

The Department of Health & Human Services has a statutory responsibility under the CYFA to provide child protection services for children and young people in Victoria under the age of 17 years in need of protection or, when a protection order is in place, children under the age of 18 years.

Child protection provides services to children, young people and their families aimed at protecting children and young people from significant harm. When a child or young person is assessed as being ‘at risk’ within the family, Child Protection will – in the first instance and in accordance with the law – take reasonable steps to enable the child to remain in the care of their family by strengthening the family’s capacity to protect them.

When, even with support, a child is not safe within the family, child protection will intervene to remove the child and bring the matter before the children’s court. If the resumption of care by the parents is not possible, child protection will work towards an alternative permanent family care arrangement, or an independent living arrangement, depending on the age and circumstances of the child or young person.

Child sexual exploitation is when a child is forced or manipulated into sexual activity. Child sexual exploitation follows a pattern of stages, where the child gradually has their autonomy and social connections eroded, making them vulnerable to exploitation. Men are most commonly the perpetrators and exploit both girls and boys. Children aged between 13 and 16 are at the greatest risk of sexual exploitation. Children who are clients of Child Protection, are placed in out-of-home care, or who frequently go missing - from home or placement - are at increased risk.

Referred to as CYFA.

Victorian legislation that governs the child and family services sector.

The Children's Services Coordination Board brings together key decision-makers across departments to lead coordination of activities impacting on children and young people. It is established under the Child Wellbeing and Safety Act 2005. The Board comprises the Chief Commissioner for Police and the secretaries of the departments of Premier and Cabinet, Treasury and Finance, Education and Training, Health & Human Services, and Justice & Regulation.

A drug diversion program auspiced and conducted by the Children's Court Clinic to provide clinical drug assessment and referral to drug treatment for a young person charged with a criminal offence.

An independent body within the Department of Justice whose primary function is to make clinical assessments of children and families and to submit reports to Victorian children's courts in both child protection and criminal cases.

Chronologies can be used by child protection practitioners for different purposes such as court reports and case reviews. Helpful chronologies include:

• development of the child
• educational history
• court appearances
• child protection history – periods of involvement; key decisions
• contact with service and support systems
• medical history
• placement history
• social history
• history of contact (access).

Coordinating Interstate Liaison Officer.

Critical Incident Response Management System.

Critical Incident and Stress Management. Service provided by the Department of Health & Human Services, staffed by specially trained debriefers to assist employees who have been exposed to incidents that have the potential to affect their emotional wellbeing and physical health.

Child Information Sharing Scheme

Police Criminal Investigations Unit.

Care Leaver Australia Network (CLAN) is a national support and advocacy group for people brought up in care and placed in a range of institutions including orphanages, homes, industrial or training schools administered variously by the state, religious bodies and other charitable or welfare groups. CLAN is primarily for people who were brought up in care prior to the 1990s, sometimes known as ‘Forgotten Australians’.

Child protection refers to the child as the client; while working with the family and significant others.

Congenital means existing at or before birth.

A congenital condition - also known as a birth defect, congenital defect, congenital abnormality, congenital anomaly or congenital malformation - is a condition present in a baby that occurs during intrauterine life. Congenital conditions may be detected during pregnancy, at birth or in early childhood, and may adversely affect the function or structure of a body part or alter metabolism or brain development.

Congenital conditions range in severity from minor to life-threatening and some cause lifelong disability or illness.

A large percentage of congenital anomalies cannot be linked to a specific cause, however there are some known causes and risk factors. These include:

• genetic factors (inherited anomalies or genetic mutations)
• advanced maternal age
• poor maternal diet and nutritional status (including inadequate access to sufficient nutritious food, maternal folate deficiency and excessive vitamin A intake)
• maternal infection during pregnancy
• maternal exposure to certain medications, pesticides, alcohol, tobacco and radiation during pregnancy
• maternal drug or alcohol use during pregnancy (foetal alcohol spectrum disorder).

Connection to culture is the experience of being connected to aspects of your cultural identity, including cultural history and traditions of land, birthplace, ethnicity, practices, language, values and beliefs. Connection to culture is a fundamental human right.

Connection to culture, family and community enhances children’s resilience by providing social support, a sense of identity that is shared with others, and a shared vision of the future. Cultural stories, rituals and celebrations regarding trauma and recovery enable individuals to understand and put a context around their personal reactions to trauma and loss.

Practice that facilitates cultural connection - such as connecting with extended family and community, participating in cultural activities, and engagement with culture-specific services - can be empowering and healing, and work as a protective factor. However, the benefits of such practice can take years to manifest. If a child or their broader community does not value the child’s culture, developing such a connection can be stressful and distressing, and the protective factor can be inhibited.

Connection to culture is critical for Aboriginal children, and denial of this right can have devastating long-term consequences. The Aboriginal Child Placement Principle aims to ensure that Aboriginal children and young people are maintained within their own biological family, extended family, local Aboriginal community, wider Aboriginal community and their Aboriginal culture.

A court hearing in which the strength of the prosecution case is tested to determine whether there is sufficient evidence for a defendant to be required to stand trial in a higher court for an indictable offence. The test is ‘whether the evidence is of sufficient weight to support a conviction’.

A promise made to the court that is not based on any Act or Regulation.

An organisation providing a community service.

A service established to provide services to meet the needs of children, young people and families requiring care, support, protection or accommodation and of families requiring support.

A community service established under s. 44 and registered under s. 46 of the CYFA.

Community-based child protection practitioners work collaboratively both with the child protection program and across the child and family services sector to support earlier and more effective intervention to vulnerable children, young people and their families.

Competency is the ability to perform a whole range of activities in a specific occupational or vocational area, transfer skills and knowledge to new situations, and to manage a wide variety of tasks within a job.

Training to a set of related knowledge, skills, and attitudes (competencies) which are part of a job, role or responsibility, and which can be measured against accepted standards

An application for an intervention order.

The taking of an intimate or non-intimate sample from, or the conduct of a physical examination of, a person charged with or found guilty of a criminal offence.

Obligations included in a court order with which parent, child and/or other person must comply.

Contact of a child in out-of-home care with a person significant to the child, who does not have custody of the child, by way of a visit or other communication.

A court hearing in the criminal division at which the presiding judicial officer attempts to resolve the issues in dispute and, if resolution is not achieved, ensures that the issues are clearly identified, the witnesses the parties wish to call are available and that the estimated length of the contest is accurate.

A court hearing in the criminal division at which the presiding judicial officer attempts to resolve the issues in dispute and, if resolution is not achieved, ensures that the issues are clearly identified, the witnesses the parties wish to call are available and that the estimated length of the contest is accurate.

This has a number of different meanings. The most common one relates to a criminal offence and means the offence has been proven and a conviction is recorded against the offender. A sentence can be imposed by a judge or magistrate ‘with conviction’ or ‘without conviction’. A sentence ‘with conviction’ involves greater condemnation of the offender than one ‘without conviction’.

An order, by the court, that a party [or occasionally another person] pay some or all of the legal costs of another party.

The actions the parties or a party must do to carry out a decision made by a court. An order may be either interim or final.

Child protection

Child Protection Litigation Office

Community Policing Squad (a former name for the SOCIT).

Community and Public Sector Union.

The criminal division of the children's court hears matters involving young people aged between 10-18 years who have been charged with a criminal offence. .

A criminal history check is a check of all Australian police records for disclosable criminal matters about a person.

Client Relationship Information System. Used by DHHS as an electronic system to manage client information.

Client Relationship Information System for community service providers.

Child sexual assault.

Community service organisation.

or

Custody to Secretary order

Community Services Victoria (A former name for Department of Health & Human Services, and the name prior to Health and Community Services).

Cultural competence is a set of congruent behaviours, attitudes, and policies that come together in a system, agency, or among professionals to enable them to work effectively in cross-cultural situations.

For practitioners, this means the integration of attitudes, values, knowledge, understanding and skills that enable effective interventions with people from a culture different from their own. At an organisational or systems level, it means that practice, programs and policies are culturally congruent, reflecting respect for cultural diversity throughout all aspects of an organisation’s functioning.

Cultural competency sits on a continuum from cultural destructiveness (as exemplified by policies that led to the Stolen Generations) to cultural proficiency, where cultural diversity is highly valued, active research takes place and self-determination is promoted and supported.

With regards to Aboriginal and Torres Strait Islander peoples, the benefits of cultural competence include greater engagement with these communities, an appreciation of the richness and diversity of Aboriginal cultures and peoples, and better immediate and future outcomes for Aboriginal children and families.

Cultural competence is a core capability for child protection practitioners.

Cultural development is the growth of a child’s connection with their community and cultural network, resulting in a developed cultural identity, including cultural history and traditions of land, birthplace, ethnicity, practices, language, values and beliefs. Connection to culture, family and community enhances children’s resilience by providing social support, a sense of identity that is shared with others, and a shared vision of the future.

A cultural plan is a formal plan (s. 176 of the CYFA) that sets out how an Aboriginal child, placed in out of home care, is to remain connected to their community and culture. The care team for a child, including the case practitioner (child protection or contracted agency), prepares, implements, and reviews the cultural plan. Aboriginal Community Controlled Organisations (ACCO) are responsible for supporting care teams to develop cultural plans and to ensure their accuracy and appropriateness from a cultural perspective. The cultural plan is approved by the CEO of the relevant ACCO and by the case planner.

While cultural plans as defined in the CYFA relate specifically to Aboriginal children, a cultural plan can be developed for any child in order to support their connection to their cultural background.

Cultural planning relates to the process of developing a cultural plan in collaboration with children, families, and relevant members of their community and cultural network, to support and strengthen a child’s connection to their community and culture. As with case planning, when preparing a cultural plan, the best interests and decision-making principles in the CYFA apply (s. 10 and s. 11 of the CYFA). In preparing a cultural plan for an Aboriginal child, the additional decision-making principles for Aboriginal children and young people must be considered (ss. 12-14 of the CYFA). These recognise the principles of Aboriginal self-management and self-determination and set out requirements for both Child Protection and Aboriginal Controlled Community Organisations (ACCOs) to actively engage relevant members of the child’s Aboriginal community or communities, and other respected Aboriginal persons, in the decision-making process.

Cultural safety has been described as an environment that is safe for people, where there is no assault, challenge or denial of their identity, of who they are and what they need. It is about shared respect, shared meaning, shared knowledge and experience of learning, living and working together with dignity, and truly listening.

Cumulative harm refers to the effects of multiple adverse or harmful circumstances and events in a child’s life. The unremitting regular impact of these experiences on the child can be profound and diminish a child’s sense of safety and wellbeing. Cumulative harm may be caused by an accumulation of a single recurring adverse circumstance or event (such as unrelenting low-level care), or by multiple circumstances or events (such as persistent verbal abuse and denigration, inconsistent or harsh discipline, and/or experiencing family violence).

A custody order is an order made by the children's court that places a child in the care of someone other than their parent, and gives that person the right to have the daily care and control of the child; and the right and responsibility to make decisions concerning the daily care and control of the child.

A protection order that grants sole custody of a child to a person who is neither a parent or the Secretary of the Department of Health & Human Services but does not affect the guardianship of the child. Refer to s. 283 of the CYFA.

Children, Youth and Families Act 2005.