When a child needs an out-of-home care placement, it is a legislative requirement that kinship care be investigated before other placement options are pursued.
For Aboriginal children, kinship care placements should be prioritised over other placement options. Consideration of placement of an Aboriginal child must have regard to the recognition principles (s.7E) and Aboriginal Child Placement Principle (ACPP) (s.13). The ACPP must be considered subject to the best interest principles (s.10) and in conjunction with decision-making principles (s.11), additional decision-making principles for Aboriginal children (s.12), recognition principles (s.7E), and further principles for placement of Aboriginal child (s.14). Any decision made for placement of an Aboriginal child must be completed in consultation with Aboriginal Child Specialist Advice and Support Service (ACSASS). Consultation and rationale for placement decisions must be recorded on CRIS.
For additional information see Responding to Aboriginal children – advice
Before placing a child with a kinship carer, Child Protection must complete a preliminary assessment (known as the Kinship care preliminary Part A assessment) and mandatory safety screening including national police history checks, CRIS checks and WWCC status checks.
All kinship carers are legally required to hold a Working with Children Clearance (WWCC). Where adults are living in a domestic relationship, both adults are deemed to be providing care and both are required to hold a WWCC to meet their and the department’s obligations under the Worker Screening Act 2020. It is a policy requirement that all usual adult household members also obtain a WWCC.
A kinship carer who has a disclosable category A offence, or offences against children, will not be issued with a WWCC and cannot be endorsed as a kinship carer. In these instances, the placement cannot proceed or continue. A kinship carer cannot have their role revised to be classified as a usual household member to circumvent the requirement to hold a WWCC.
Kinship carers should be informed about the Reportable Conduct Scheme and Client Incident Management System (CIMS) policy and Client Incident Management System (CIMS) – Advice incident reporting and investigation processes when a placement commences. This is particularly important in the event there is an allegation of abuse or neglect, or unexplained injuries, for children that are in their care, and that they are aware of their rights and responsibilities. Links to information sheets are available at https://providers.dffh.vic.gov.au/cims-guidance-resources.
Kinship care placements are supervised and supported by the Child Protection prgram or through a Community Service Organisation (CSO) or Aboriginal Community Controlled organisation (ACCO).
A care team must be established for each child in care.
As part of the ongoing review of a kinship care placement:
- a national police history check must be undertaken at least every three years for carers and all members of the household aged 18 years and older
- an international police check (if the carer and other usual household member has lived overseas for six months or more)
- kinship carers and usual adult household members must renew their WWCC every five years.
See kinship care assessment-advice and Support of kinship carers - advice for further information.
This procedure must also be followed if a child is living in a kinship care arrangement not instigated by Child Protection and the case proceeds beyond intake phase to investigation (it is classified as a protective intervention report).
Case practitioner tasks
- If the child needs an out-of-home care placement, review the recorded genogram, file information and consult the child and family about appropriate kinship care options.
- If an appropriate kinship option is identified and the Part A kinship assessment has been completed and endorsed, and if it is determined that the placement will exceed a duration of three months, a ‘First Supports’ referral to the appropriate agency to support the new placement should be submitted via CRIS. Every effort should be made to refer to First Supports no later than three weeks from placement commencement to ensure kinship carers receive early supports. It will also assist the service provider to complete the Comprehensive Part B assessment within six weeks of placement commencement.
- If an appropriate kinship care option is not identified, and it has been assessed that the child cannot safely remain at home, a consultation with the Kinship Engagement Team should be undertaken to consider 'family finding' for early identification of kinship networks. Once determined a referral is necessary, this should be submitted via CRIS.
- Consideration should also be given to holding a Family Led Decision Making (FLDM) meeting or Aboriginal Family Led Decision Making (AFLDM) meeting to identify placement options.
- Consultation must be completed with ACSASS for all decisions for Aboriginal children. This includes when new information is received and consideration is given to placement of an Aboriginal child.
- For Aboriginal children, the recognition principles (s. 7E), Aboriginal Child Placement Principle (s. 13) and Further principles for placement of Aboriginal child (s. 14) must be considered for decisions relating to placement. This includes identifying how the placement will support the child’s connection to family, community, culture language and Country.
- All Aboriginal children requiring “family finding” should be referred to Aboriginal Family Finding at the Victorian Aboriginal Child and Community Agency (VACCA).
- If a child is in a kinship placement and there are concerns regarding the stability of that placement or there are identified support needs for that placement, a consultation with the kinship engagement team should be undertaken to consider a referral for ‘kinship support’. Once determined a referral is necessary, this should be submitted via CRIS.
Kinship preliminary Part A assessment (Part A)
- Prior to placement, The ‘Kinship care preliminary Part A assessment (Part A) must be completed in CRIS and endorsed. All kinship carers must be assessed and endorsed to provide care regardless of whether the placement is planned, emergency or a pre-existing arrangement.
- Inform the kinship carer that you will be undertaking a national police history check of all adult household members and a CRIS check of their family and other household members. Seek consent for those checks from the adults.
- Sight photographic identification and confirm the identity of each adult in the household to support national police history checks. If this is not possible prior to undertaking a national police check, identification must be sighted at the earliest opportunity once the placement has been made.
- Ask the kinship carer whether they or any member of the household has had involvement with the police or have intervention orders against them.
- If an adult household member refuses to consent to a national police history check, placement cannot proceed unless they leave the home before and for the duration of the placement or until the police check requirements are completed.
- Undertake a national police history check when a member of the household who was not previously the subject of a police check turns 18 years of age. This includes adults with a cognitive disability.
- Seek consent from the parent/guardian to undertake a national police history check of young people under 18 years of age if any young person in the placement has been subject to police intervention. If this consent is refused, consult the team manager about whether the placement approval process will continue.
- Undertake national police history checks on all family and given names known to be used (including aliases). See procedure Undertaking a national police history check for tasks that must be undertaken.
- Complete a CRIS responsible for harm search on all adults in the household.
Adverse criminal record check outcomes – kinship carers
- Where the national police history check reveals disclosable offences, consideration should be given to whether these offences may prevent the kinship carer and/or usual household member from obtaining a WWCC or result in the issuing of an interim prohibition notice while the Social Services Regulator undertakes further assessment – see Working with Children Clearances for kinship carers and usual adult household members - advice for additional information.
A placement cannot proceed where a Category A offence or an offence against a child is disclosed against a kinship carer.
- Approval is required from the Area Executive Director, or Executive Director or Director, Child Protection (or another Divisional Executive Officer) for the placement if the national police history check reveals disclosable Category B or C offences.
Adverse criminal record check outcomes – usual adult household members
- Approval is required from the director, Child Protection or area executive director (or another Divisional Executive Officer) if the national police history check reveals disclosable Category B or C offences against a usual adult household member.
- Record the approval of the adverse criminal record check on CRIS and on the kinship assessment part A document.
- In any case where a Category A offence is disclosed against a usual household member over 18 years, the placement cannot proceed nor be allowed to continue unless the Statewide Principal Practitioner, Child Protection, Office of Professional Practice (located at the department’s central office, 50 Lonsdale Street, Melbourne) is consulted and endorses the placement. The Divisional Deputy Secretary must also endorse the placement.
- Consult the Discretionary endorsement for usual adult household members unable to hold a WWCC policy for further information.
Working with children clearance requirements
- Ask the kinship carer:
- If they hold a current WWCC
- if yes, request a copy of the WWCC, which will need to be provided by the department to the Social Services Regulator (see procedure below)
- if no, take reasonable steps to satisfy yourself that the kinship carer can engage in child-related work by asking the questions below
- If they have applied for a WWCC and the application is currently under consideration
- If they have ever been given a WWC exclusion or are subject to an interim bar notice
- If they are excluded from child-related work in Victoria or in another state or territory (ie will not be able to obtain a WWCC), for example because they:
- are subject to reporting obligations under the Sex Offenders Registration Act 2004 or orders under the Serious Offenders Act 2018
- have been charged with, convicted or found guilty of a serious sexual offence, serious violence offence or serious drug offence listed in clause 2 of Schedule 5 to the Worker Screening Act 2020 (these include sexual offences against a child, rape or sexual assault of an adult, child abuse material offences, murder, manslaughter, intentionally or recklessly causing serious injury, threats to kill, drug trafficking (large commercial or commercial quantity) or drug cultivation (large commercial quantity).
- If the kinship carer answers “yes” to either of these questions, the placement may not go ahead.
- If they hold a current WWCC
- Clearly record these questions and the carer’s responses, in a case note on CRIS entitled “Working with Children check verification”.
- If the kinship carer advises they do not hold a current WWCC:
- Advise the kinship carer/s that a WWCC must be applied for or updated within 21 days from the date Child Protection establishes the placement.
- Provide the carer/s and usual adult household members with the information sheet and guide to apply for a WWCC. This includes information about the application process and the mandatory online child safety training they will need to complete as part of their WWCC application. Advise usual adult household members that a WWCC must be applied for within 21 days from the date the child is placed in the care of the kinship carers in their household
- If a WWCC is obtained, refer to below: Additional tasks regarding WWCC. Contact the Care Support Help Desk using this template to enable them to advise the Social Services Regulator of the carer’s engagement as a kinship carer. The Care Support Help Desk should be notified within 3 working days, wherever possible. Attach the template to a CRIS file note entitled “Evidence of WWCC for provision to the Social Services Regulator”.
- Provide the carer/s and usual adult household members with the information sheet, noting that it contains guidance about obligations to inform the Care Support Help Desk about any changes to address/contact information.
- If the kinship carer advises they are excluded from child-related work in Victoria or another state or territory. The placement cannot proceed. Document this information clearly on CRIS. See: Working with Children Clearances for kinship carers and usual adult household members – advice for further information.
- If the kinship carer advises they do not hold a current WWCC:
Kinship care allowance
- Immediately complete the Form A ‘Carer vendor registration’ and Form B 'Commence care allowance' in CRIS if the kinship care placement proceeds and submit as required by the divisional process.
- Provide the carer with the Form D ‘Authorisation for direct deposit of care allowance’ to submit to the Care Allowance Helpdesk.
Referral to First Supports
- Advise (and discuss) with the carer that a referral will be made to First Supports to complete the kinship care comprehensive Part B assessment (Part A) if the placement is likely to last 12 weeks or longer.
- Make a referral to First Supports in CRIS within the first three weeks of the placement commencing and where the placement is expected to last more than 12 weeks. The referral can be submitted through CRIS following the Part A assessment being endorsed. See kinship care assessment for further information.
Additional tasks regarding WWCC
At day 15 of the placement:
- Check with the kinship carer(s) and the usual adult household members that a WWCC has been applied for or updated and seek evidence of this e.g. application number.
- If a WWCC has been obtained, email your divisional Care Support Help Desk using this template to enable them to advise the Social Services Regulator of the carer’s engagement as a kinship carer. This should occur within 3 working days wherever possible. Attach the template to a CRIS file note entitled “Evidence of WWCC for provision to the Social Services Regulator”.
- If the carer and/or usual adult household members have not applied for or updated their WWCC immediate action is needed to support the carer and/or usual adult household member to apply for a WWCC. This may involve the practitioner attending the carer’s home and applying online using your ultra-book. The carer will need to complete online child safety training as part of the application process. Allow up to 75 minutes to complete the entire application process including the training requirements. See Working with children clearance for kinship carers and usual adult household members.
- If the carer, or a usual adult household member, is refusing to apply for a WWCC advise the team manager. Immediate action must be taken, including a review of the placement. The placement cannot be endorsed by Child Protection without evidence the kinship carer/s, and all usual adult household members, have applied for or updated their WWCC.
- Record on CRIS if the placement cannot be endorsed or can no longer continue, due to the kinship carer(s) or other usual adult household members unwillingness to apply for the necessary checks and assess the child’s safety and wellbeing.
- Cease the care allowance should the placement not be endorsed by Child Protection or no longer continues.
If a kinship care placement is expected to continue for more than six weeks but less than 12 weeks
- Provide questions (via the information for kinship carers and usual adult household members document) to the carer before meeting them to complete the kinship care comprehensive Part B assessment (Part B).
- Meet with the carer to complete Part B in CRIS and explore any issues. This involves more than one visit and includes key members of the carer’s household (children and adults).
- Support the carer and all other usual household members to complete an international police history check if any have lived overseas for six months or longer.
- Analyse information gathered and make the final assessment of the appropriateness of the placement within six weeks of placement commencement.
- Establish the care team, see Care team procedure.
If a kinship care placement is expected to continue for more than 12 weeks
- Within three weeks of the placement commencing, make a referral to a First Supports provider in CRIS to enable the organisation to complete the Part B assessment. The First Supports referral must be made to the Community Service Organisation (CSO) or Aboriginal Community Controlled Organisation (ACCO) in the area where the kinship placement is located.
- It is important to note that the Part A assessment must be completed and endorsed prior to making a referral to First Supports. The Part A endorsed assessment must be submitted as part of the First Supports referral.
- Within two weeks of the referral being accepted convene a First Supports referral meeting with the First Supports agency. The First Supports agency should complete the Part B assessment in CRISSP within six weeks of the placement commencing and will submit the completed Part B to the relevant team manager, Child Protection for endorsement in CRIS. In cases where a referral to First Supports is not accepted or the waitlist for allocation will exceed one month, then it is advisable for the child protection practitioner to commence the Part B assessment or consult the Kinship Engagement Team for assistance.
- Make a decision to endorse the placement or not within two weeks of receiving the Part B assessment from the First Supports agency. If there are concerns about the placement continuing, notify the First Supports agency as soon as possible and discuss the decision as necessary.
If a kinship care placement continues for more than 12 months
- Complete the ‘Kinship care annual review Part C assessment (Part C)' in CRIS. This is normally undertaken by Child Protection or the contracted case manager. If assessing a kinship care placement for conversion to permanent care this involves working collaboratively with a CSO or permanent care team noting this is a separate assessment.
- At the time of completing Part C, sight the carers WWCC to verify that it is still valid.
If a kinship care placement continues for more than three years
- Undertake a new national police history check on the carer and on all other adult household members who reside in the house. These checks must be undertaken every three years. For a definition of who is a usual household member refer to Working with Children Clearances for kinship carers and usual adult household members.
- Check the date on the kinship carers and usual adult household members WWCC card and remind them they will be required to update the card before it expires at five years.
- If the case is contracted to a CSO or ACCO, Child Protection must undertake the police check and update CRIS.
Where the Children's Court orders a child to be placed in a kinship placement prior to results of national police history checks being known
- Prior to making an order, advise the Children's Court, through a legal representative, that Child Protection has been unable to have regard to the criminal history of the person and the usual adult household members as required by the CYFA and so cannot confirm the person is a suitable person.
- Where a national police history check results in a disclosable matter for the kinship carer or other usual adult household members, alert your supervisor. The area operations manager or director, Child Protection must be briefed to determine whether legal intervention is required to seek removal of the child from the placement.
- The Worker Screening Act 2020 specifies that a person cannot be engaged in ‘child-related work’ inclusive of kinship care if they do not hold a WWCC, therefore a child cannot legally be placed with a kinship carer who has a disclosable Category A offence or offences against children or is otherwise ineligible for a WWCC.
International police history checks
- If a kinship carer or other usual household member has lived overseas for six months or longer, support them to obtain an international police history check.
- The international police history check, is initiated as part of the comprehensive assessment following placement of the child (the Part B assessment).
- If an international police history check is not available for the country of origin for the individual, record this in the Part B assessment document and obtain referee checks from two or more individuals who personally knew the carer while they were living in the other country or countries.
- Record the outcomes as part of the Part B assessment in CRIS.
- See procedure Undertaking an international police history check for further information and tasks to complete.
Requirement to update the Social Services Regulator of any changes to the placement
- Advise the divisional Care Support Help Desk when there are changes to the placement, including if the placement ends or if the carer’s address changes, changes to their name and/or contact information changes (including telephone number or email address) so this information can be relayed to the Social Services Regulator consistent with legislative obligations. A template has been developed to assist with this task. For further information see Working with Children Clearances for kinship carers and usual adult household members – advice
In all cases
- Consult your supervisor to determine next steps including enacting the case plan, placement support and placement supervision. This may include consultation about a referral to the kinship engagement team for kinship finding or kinship support.
- Complete CRIS records, including a scan of completed forms, a record of the full details of the national police history check results, assessment, and placement decisions.
- Record the placement details on CRIS and the details of the kinship carers and all usual adult household members including dates of criminal history checks and WWCC details.
- Email the WWCC details including the card number and expiry date to your divisional Care Support Help Ddesk using this template.
- Consideration of the recognition principles (s.7E) must be recorded on CRIS for all key decisions and actions undertaken for Aboriginal children. The ‘Statement of Recognition’ case note category should be used for recording at all points of Child Protection involvement.
Review the Compliance Dashboards in CRIS for activities that are due, or actions required.
If concerns are raised about the child's safety in placement
- Consult your supervisor if any concerns are raised about abuse or neglect, or unexplained injuries, of any child in the placement. Take steps to ensure the immediate safety and wellbeing of the child.
- Before commencing an investigation into allegations of abuse, neglect, or unexplained injuries:
- Determine if the incident meets the definition of a Critical notifiable incident under the Social Services Regulator requirements.
- Critical notifiable incidents include:
- Unexpected death
- Escape from a secure facility
- Medication error
- Physical abuse
- Sexual abuse
- Fire, flood and other emergency events
- From time to time the Regulator may determine changes are required to critical notifiable incident criteria – practitioners should refer to the link below
- Determine if a new allegation or incident of harm to a client is in scope of the Client Incident Management System (CIMS) - see Allegations of harm to clients in care - Client Incident Management System (CIMS) - procedure
- Determine if a new allegation or incident of harm to a client is in scope of the Reportable Conduct Scheme (note – kinship carers may be deemed an employee under the RCS).
- Notify the Regulator, if required, by close of business the next business day using the Regulator’s critical notifiable incident short form. Critical notifiable incident criteria and the short form to notify the Regulator can be found here.
- Complete and submit a Client Incident Management System (CIMS) incident report where required. within 3 business days – see Client Incident Management System (CIMS) policy and Allegations of harm to clients in care - Client Incident Management System (CIMS) - procedure for further information about incident types, and advice on which circumstances require a CIMS report and how to complete a CIMS report.
- The department shares CIMS information with the Social Services Regulator under a strict information sharing protocol that provides the Regulator with access to CIMS information in scope of incident reporting requirements under the Social Services Regulation Act.
- Ensure any investigation that is in scope of either or both CIMS or the RCS complies with the respective policies and procedures – note, a RCS investigation report is accepted in lieu of a CIMS investigation report in CIMS so only one investigation is required).
Complaints awareness
- Discuss with the child or young person their rights, and the processes available to them to raise matters of concern.
- Provide the child or young person with a fridge magnet that promotes the department’s complaints line and a copy of the factsheet - Raising concerns or complaints in out-of-home care for children and young people.
- Record a case note on CRIS when complete.
- Further information on available complaints resources can be found within Child Safe Standards.
- Provide the kinship carer with the details of the division’s dedicated kinship care email address and telephone number (available from the kinship engagement team or see http://providers.dhhs.vic.gov.au/kinship-care).
CAHS practitioner tasks
- Recommend an emergency kinship care placement where a carer has certain disclosable Category B or C offences - to the Deputy Area Operations Manager or manager on-call Central After Hours Service. See Certain Category B and C offences for consideration in approving after hours kinship care placements (docx, 41.03 KB).
Supervisor tasks
- Provide ongoing supervision and support.
- Assist the case worker to determine next steps.
- Use the Corporate Reporting Tool to monitor compliance with national police history check requirements for kinship placements and WWCC requirements for kinship carers.
Team manager tasks
- Endorse key decisions including placement approvals.
- Review and endorse the preliminary Part A assessment.
- Endorse any decision to refer to First Supports.
- Endorse any decision to refer to kinship finding or kinship support.
- Review and endorse the comprehensive Part B assessment.
- Review and endorse the annual review Part C assessment.
- If any national police history check contains a Category A disclosable matter or offences against children for the identified kinship carer the placement cannot proceed. If a category A disclosable matter arises for a usual adult household member consult your manager (or another manager at equivalent level) before seeking approval and decide whether the placement is in the best interests of the child.
- Seek endorsement from the area operations manager or director, child protection, in cases where:
- disclosable offences are found
- any person refuses to consent to a national police history check, or
- parents/guardians do not give consent for a national police history check of children who have been subject to police intervention.
- Where a placement has been approved by the Deputy Area Operations Manager or manager on-call Central After Hours Service, seek a review and endorsement of the placement from the relevant area executive director on the next working day.
- Confirm with the practitioner that the department’s obligations under the Worker Screening Act regarding WWCC have been met.
- Ensure critical notifiable incidents are reported to the Regulator by close of business on the next business day after becoming aware of the incident and followed by a detailed CIMS incident report submitted within 3 business days.
- Endorse CIMS incident, investigation and review report.
- Endorse CIMS and RCS investigation plans.
- Endorse RCS investigation report.
Area operations manager or director, Child Protection tasks or Deputy Area Operations Manager Central After Hours Services tasks
- Oversee the placement approval process where a criminal matter has been disclosed.
- Decide whether legal intervention is required to remove the child from the placement in cases where the kinship placement was not instigated by Child Protection.
- Decide whether legal intervention is required to remove the child from the placement in cases where a court ordered the placement prior to results of a national police history check and subsequent results reveal a disclosable matter. If a Category A offence or offences against children is returned for the kinship carer the child cannot legally remain in the placement as the carer will not be issued with a WWCC.
- Seek endorsement from the director, Child Protection or area executive where there are disclosable offences and the placement is to continue.
Area executive director or director, Child Protection tasks
- Endorse the kinship placement in cases where a disclosable offence exists. Placement cannot occur where a disclosable Category A offence or offences against children arise for a kinship carer or when a kinship carer is ineligible for a WWCC.
- If a Category A offence is identified against a usual adult household member, the placement cannot proceed unless endorsed by the divisional deputy secretary and the Statewide Principal Practitioner, Child Protection, Office of Professional Practice.
- Review and endorse CIMS incident, investigation and review report.
- Maintain oversight of critical incident reports to the Social Services Regulator.
Statewide Principal Practitioner, Child Protection, Office of Professional Practice, task
- Consult with practitioners when a Category A offence exists for any other usual adult in the household. The placement can only proceed if you endorse it. (Endorsement of the divisional deputy secretary is also required.)
Divisional deputy secretary task
- Consult with practitioners when a Category A offence exists for any other usual adult in the household. The placement can only proceed if you endorse it. (Endorsement of the Statewide Principal Practitioner, Child Protection, Office of Professional Practice is also required.)
Contracted case manager tasks
- Undertake case management in accordance with case and care plans.
- Complete kinship care review assessment (Part C) according to the endorsed assessment framework in CRIS.
- Placement approval where national police history check details are delayed
- Undertaking national police history checks
- Placing a child in out of home care
- Working with Children Clearances prohibition, suspension, revocation, interim exclusion and exclusion notice - policy
- Working with Children Clearances prohibition, suspension, revocation, interim exclusion notice or exclusion notice - procedure
- Certain Category B and C offences for consideration in approving after hours kinship care placements (docx, 41.03 KB)
- Child Safe Standards
- Undertaking an international police history check
- Working with Children's Clearance for kinship carers and usual adult household members - advice
- Discretionary endorsement for usual adult household members unable to hold a WWCC policy
- Information for kinship carers and usual adult household members document
- Reportable conduct scheme
- Client Incident Management System (CIMS) policy
- Client Incident Management System (CIMS) - Advice