Section 38 consultations
Follow this procedure when consulting with Child FIRST, The Orange Door or registered family services.
Document ID number 1007, version 3, 27 September 2018.
Child and Family Information Referral and Support Teams (Child FIRST), services in The Orange Door, and registered family services, are able to consult with child protection at any time under s. 38 of the CYFA.
Senior practitioner (community-based) tasks
- Consult with Child FIRST, The Orange Door or a registered family service when contacted by them about a child, unless the case is an open child protection case or circumstances require an immediate protection report to be made.
- Register the consultation as a ‘s. 38 Consult’ in CRIS. Choose ‘s. 38 Consult’ from the drop down menu in the ‘Add case’ section found on the 360° page. The s. 38 consultation should provide a detailed summary of the consultation including recommendations and any appropriate attachments.
- Close the consultation on the day you register it after all notes have been recorded.
It is important to enter all notes and close the s. 38 consultation in CRIS on the day it is registered. If a report is received by intake or the AHCPES, they will be unable to record the report in CRIS while a s. 38 consultation is open.
- Record each subsequent consultation as a newly created s. 38 consult.
- Consider whether the case should be discussed at the local catchment consultative panel.
- Initiate a new report if the consultation raises significant concerns for a child’s safety. A s. 38 consult must be closed on CRIS before a new report can be registered.
- If a request for information is received under the Child Wellbeing and Safety Act 2005, see Child Information Sharing Scheme and Child Protection for further information.
- If a request for information is received under the Family Violence Information Sharing Act 2017, see Family Violence Information Sharing Scheme decision trees and Family Violence Information Sharing Scheme and Child Protection for further information.