Idea Transcript
DHS.3002.381.0008
I
GUARDIANSHIP SERVICES MANUAL
DEPARTMENT OF COMMUNITY WELFARE SERVICES VICTORIA
DHS.3002.381.0009
I
.,
One of the major responsibilities of the Department of Cammuntiy welfare Services is caring for children under State guardianship and assisting the families of such children in their parental and caring roles. This manual has been prepared to assist staff providing guardianship services. Its aim is to provide: (i)
an accessible source of infonnation about policy in relation to children under State care:
(ii)
clear procedures to enhance both efficiency and equity in service delivery to families:
(iii)
guidelines for good practice.
Many people contributed to the manual in a variety of ways. The Liaison and Referral unit cammenced the task with the development of wardship Guidelines. These Guidelines were very useful, especially in the preparation',of Chapters 3, 6 and 9. Many regional staff c(]'('(fOOnted on sections of the manual and their "practice" perspective was invaluable. Joan Snyder prepared Chapters 1, 2 and 11. Vicki Davidson co-ordinated the project and prepared Chapters 3-10. With the assistance of the Forms Review Oommittee, Robin Carter re-designed the forms used in guardianship services. It is intended that the manual will be updated and revised periodically. Suggestions for revision are welcome and should be forwarded to the Protective Services Unit, Pr(XJram Development Division. August 1982 This manual has been updated and reprinted to incorporate minor policy changes and amendments to the legislation in the Community welfare Services (Amendment) Act 1983. Editorial tasks have been undertaken by Sue Jane, Colin Strover and David George with significant contributions fram other Departmental staff.
September 1984
DHS.3002.381.0010
1.
THE ORIGINS AND MEANIN::i OF STATE GUARDIANSHIP
1.1 1.2 1.3
2.
Placem ent of child Prote ction Appli cation s Convi ctions for offen ces Breac hes of proba tion and super vision order s Irreco ncilab le differ ence applic ations Volun tary admis sions to Wardship Non-payment of maint enanc e - Trans fer of guard ianshi p to Victo ria fran other State s
wrums
What is case plann ing? ~finitions
Princ iples of case plann ing Respo nsibil ity for case plann ing and annua l review s Contr acting for case servic es The role of the Adopt ion Sectio n in case planni ng Regio nal case plann ing system s ~nd and recep tion system s
The legis lation Impact of annua l review s on region al centre s OVer:view of anrua1 revies Varia tions Review Pract ice Speci al cases not subje ct to nonna l review Effic ient review system Guide lines for decis ion makers Recon sideri ng the case plan Repor ts for anrua l rev iew Recor ding decis ions oetai1 ed proce dures
SPECIAL CASE PLANNIr{; DECISIONS
6.1 6.2 6.3
8
15 17 19 35
ANNUAL REVIEH;
5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 6.
'111e legisl ation Progr ess throug h the wards hip system D:!leg ations The termin ology of servic e design and delive ry
THE PLANNlr-G OF SERVICES FOR
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 5.
2 2 5 7
ArMISSIOO TO GUARDIANSHIP
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 4.
'the conce pt of wards hip The histor y of wards hip OVerview of curre nt policy
STRUCillRES AND SYSTEMS
2.1 2.2 2.3 2.4 3.
1
IrmIed iate post-c ourt placem ent and direc t releas e fran court Emergency trans fers Exten sion of wards hip beyond 18 years
36 38 44 45 45
47 61 62
66 68 72
73 74 78
82 92 99
104 105 106 106 108 109 110 110 III III
112 112 114 115 117
125
DHS.3002.381.0011
CCNI'ENI'S (CCNI" D)
7.
lWlIEWS OF DECISIONS, ARBITRATICN OF DISPlJrES, APPEALS,
129
CCK>IAINTS
7.1 7.2 7.3 7.4 7.5 8.
TER-1INATICN OF GUARDIANSHIP
8.1 8.2 8.3 9.
10.1 10.3 10.4 10.5
10.6 10.7
Medical consents Travel consents Consent to marriage
Financial benefits for wards and their families Legal act ion on behalf of wards/taken a;Jainst wards Missing wards/Warrants to Apprehend Publicity involving wards ~ath of a Ward Access to ~partmental Records Registration of Birth
PRACTICE IN GUARDIANSHIP SERVICES
Paper No 1: Paper No 2: Paper No 3: Paper No 4: APPENDICES
131 132 133
136 136 138 139 140
141 149
MISCELLANEClJS INFORMATI CN
10.2
11.
Guidelines for decision makers Procedures Points of exit from wardship
CONSENTS
9.1 9.2 9.3
10.
Reviews of decisions Arbitration of disputes Appeal Rights Established in Legislation The right to make complaints Legal aid
~fining skills for workers in public welfare w:>rking with ward fcrnilies: An introduction Introduction to work in the Children's Home Section Notes on planning for adolescent wards
150
161 165
168 169 169
170 177 181 181
182 184
186 189 200
206
DHS.3002.381.0012
i
CHAPI'ER 1 : THE ORIGINS AND MEANI~ oF STATE GUARDIANSHIP . ...
1 .1
THE CXN::EPI' OF WARDSHIP
1.2 THE HISTORY OF WARIl)HIP 1.2.1 1.2.2 1.2.3 1.3
OJERVIEW OF aJRRENT POLICY
CHAPI'ER
2.1
2
STRUC'ruRES AND SYSTEMS
THE LmISLATlOO 2.1.1 2.1.2
2.2
~igins of Legislation in English Law victorian Legislation Current Legislation
Relevant Sections of the CWS Act 1970 Relevant Sections of the Children's Court Act 1973
PROGRESS THROUGH THE WARDSHIP SYSTEM 2.2.1 2.2.2
Admission to wardship Post Admission Planning
2.3
DELmATIONS
2.4
THE TERMINOLa;y OF SER\TICE IESIGN AND IELIVERY 2.4.2 2.4.3
The Four Major Programs Program Listing and Descriptions
CHAPTER 3 : ArJItISSIOO TO GUARDIANSHIP 3.1
PIACEMENT OF OiILD
3.1.1 3.1.2 3.1.3 3.1.4 3.2
After apprehension During Court Hearing Accommodation Approved Transfer between Section 22(4) Placements
ProI'ECI'IOO APPLICATIONS 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5
General Infor.mation Procedures for s .31 ( 2) rep::>rts Involvement of Voluntary Agencies and other 0C\tl) Services The Role of the Olildren' s Court Mvisory Service The Role of the Children's Protection Society
DHS.3002.381.0013
ii
3.3
CONVICTIONS FOR OFFENCES
3.4
BREACHES OF PROBATION OR SUPERVISION ORDERS
3.5
IRRECONCILABLE DIFFERENCE APPLICATIONS
3.6
VOWNTARY AI:XttISSION TO WARDSHIP 3.6.1 3.6.2 3.6.3 3.6.4.1 3.6.4.2 3.6.5 3.6.6 3.6.7 3.6.8
Legislative Details Good Practice in Relation to s.35 Applications
Operational Procedures - Initial Admissions Re-negotiating the Agreement - Extension Continuation of wardship after a 12 month extension Operational Procedures - Extensions and Discharges Undesired Expiry of wardship Termination of Agreanent with 21 cays Notice Emergency Placement of Children subject to s.35 Applications (s.35 (9) placements) Cancellation of s.35 Applications 3.6.9 3.6.10 S.35 Admissions prior to 6 January 1982 3.6.11 Appeals
3.7
NCN-PAYMENT OF MAINTENANCE 3.7.1 3.7.2 3.7.3
3.8
TRANSFER OF GUARDIANSHIP TO VICTORIA FROM OTHER STATES 3.8.1 3.8.2 3.8.3 3.8.4 3.8.5 3.8.6 3.8.7
CHAPl'ER 4 4.1
The Legislation CUrrent Practice Procedures
The Legislation Which Wards can be Transferred to Victoria? Guidelines for Decision Makers Procedures Discharge of wards Transferred to Victoria Extension beyond 18 years of wards Transferred to Victoria Absconders from Interstate
THE
PLANNI~
OF SERVICES FOR WARrS
WHAT IS CASE PIANNIr-G? 4.1.1 Case Plans 4.1.2 The Role of the Fieldworker 4.1.3 Re-convening Case Planning Meetings 4.1.4 Arranging Leave and Access 4.1.5 Supervision and Case Consultations 4.1.6 The Case Plan Pro forma
4.2
DEFINITIONS
4 .3
PRIOCIPLES OF CASE PIANNIr-G
DHS.3002.381.0014
iii
4.4
RESPCNSIBILITY' FCR CASE P[R.JNIr-t:; AND ANNUAL REVIEW 4.4.1 General Principles 4.4.2 Transferring Responsibility to Another Region 4.4.3 Special cases: Mobile Families 4.4.4 Special Cases: Unattached Children 4.4.5 Special cases: Youth Trainees
4.5
er 1983. Penalties and Sentences Act 1981, No. 9554, (See Sections 44, 45 and 46), Penalties and Sentences (Youth Attendance Projects) Act 1984, amends Sections 83A, 92d, 97(1), introduces S.10o-103A, 129, repeals 199A, inserts 203(2a) to 203( 2h), and Ccrrm..lnity Welfare Services (Pre-Release Program) 1983 No. 9968 Assent Nov. 1983.
DHS.3002.381.0031
- 11 Same of these amendments do not have direct relevance to guardianship but should be kept in mind for general information.
S.45( 2) S.45(3)
Transfer of guardianship fran another State to Victoria. Director-General may make arrangements for payment of interstate wards or victorian wards interstate.
S.64-74
Protection of infants (children under 5 years). Registration of non-parent placenents.
S.73
Infants may became wards after 4 weeks arrears of payment to registered person.
S.74
r.bn-parents taki~ over care of infant to notify Director-General. SChool Attendance provisions.
S.74A to 74G S.75 to S.80
Child employment and entertainment provisions.
S.8l(1)
Offence of neglecting, ill treati~ or failure to provide for a child. Director-General to be consulted before prosecution. Such child may be apprehended and taken before a Children's Court.
( 3)
S.82
Leaving a child unsupervised is an offence. Minister must consent to prosecution.
S.83
Offences of withdrawing, harbori~ or conceali~ ward or child absent fram reception placenent. warrant for apprehens ion of ward by p:>lice. (Absconders and placenent transfers). (See also S •110A) •
S.83A
S.84
Offences in relation to children in ward or reception placements, ego loiteri~, delivering illicit articles.
S.92
Establistment of remand centres, youth training centres, hostels, youth welfare services.
S.96
warrant for transfer of child or yoUl'YJ person between a youth facility to another placement.
S.97
Jail order provision to bring young persons before a court.
S.98
Offence of escaping from youth training or ranand centre - does not apply to wards f)Ot charged with offence.
DHS.3002.381.0032
- 12 S.104( l} S.104( lA) (lB)
Enables such you!l:J person to be transferred to alternative accommodation.
5.105
Power to place and transfer wards.
S.106
Placerrent of wards in employer's residence requires agreerrent in prescribed form.
S.107
Minister may determine rates of payment to wards placed under S.105 and to children and young persons placed in other circumstances.
S.108
Offences in relation to persons in youth faciE t ies.
5.109 and S.110
Of fences of harbori!l:J, conceali!l:J, or wi th:irawin;J a ward, person on Safe Custody Order, or escapee fram a youth traini!l:J or remand centre. warrant for police apprehension of ward absent fran placement or bei!l:J transferred. (See also S .83A) •
S.llOA
2.1.2
Provision for application by parent or child where there is a presently irreconcilable difference between them. Enables errergency placerrent of you!l:J person admitted under this section.
S.199
Medical examination and treatment of wards.
S.200A
(Unproclaimed) Provision for Community welfare Services Appeals Tribunal.
S.202A
Provision for time held in prison, Youth Traini!l:J Centre, or Remand Centre to be deducted fram sentence time (relevant to wards - remand for offence may be preferable to R.D.O.) •
Relevant Sections of the Children's Cburt Act 1973 S.3
Defini tions: Definition of "Child" gives jurisdiction of O1ildren's Court - under seventeen at time of commission of offence. "01ild or you~ person in need of care and protection" and "Child or you~ person whose care and custody are likely to be seriously disrupted" rrean the same as in Community welfare Services Act. "ward" or "ward of the Department" same rreani!l:J as in canmuni ty welfare Services Act.
DHS.3002.381.0033
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"Department" means Department of Cotmunity welfare Services. 5.12( 1) (2 )
Parents have same right as the child to appear before the court. A probation officer may ask for leave to represent child's interests where no legal representat ion.
5.14
court has jurisdiction to deal with Protection and Irreconcilable Difference Applications.
5.19
Child may be excluded fran court in sane circ1.ll1\Stances.
5.21
Procedure after apprehension of a child on a charge or Application.
5.22
Provision for placement perrlin;;} hearin;;} or durin;;} adjourrnrent: bail, release, safe custody order.
5.23
Rights of parents in Children's Court proceedi~s. Provision for legal representation.
5.24
Provision for a child (includi~ a ward) to be brought back to court for any matter (jail order provision).
S.25
Provis ion for reports to courts and adjourrment for the purpose. '!he basis for "supervised" adjourrnrents.
S. 26(1)
Dispositional outcomes where offence proven, dismiss, adjourrnrent, probation, fine, bond, wardship if under fifteen and convicted of the offence, youth trainin;;} sentence, youth atterrlance order (unproclaimed at May 1984).
5.26(1)(g)
Where child charged with offence shown to be in need of care and protection dispose as for Protection Application 5.27 (distinguish fran 5.26(1)(f)(i».
5.27
Dispositional options for Protection and Irreconcilable Difference Applications: Mjournnent 5upervision Order Admission to care of the Department (Probation cannot now be given for Appl ica t ions. )
5.28
wards charged with offences or subject to further applications may be returned to the care of the Depart.nent.
The
DHS.3002.381.0034
- 14 S.32
Provisions for Adjournments.
S.33 - S.40
provisions for Probation Orders.
S.4l
Provisions for Supervision Orders (includir¥] breach and warrants of apprehension).
S.42
Provision for Bonds (Recognizance to
Be
of
Good Behaviour).
S.44
Child under fifteen may be detained in a Reception Centre for non payment of fine.
S.47
Restrictions on evidence in relation to previous Children's Court appearances.
S.48
Restrictions on publication or broadcastir¥] of proceedir¥]s in Children's Court.
S.52
Provision for ~ppeal to County Court against Orders made by Children's Court.
S.54
Magistrates may allow interested parties to attend Children's Courts.
DHS.3002.381.0035
- 15 -
2.2
PROGRESS 'rHROUGH THE
2.2.1
~HIP
SYSTEM
Admission to wardship (Child or Young person whose development is in jeopardy or at risk to hhnself or the community, including through offending)
PRESENTIlIG SI'IDATIGl
1-----------------1--------------------------(Under provisions of Oommunity welfare Services Act 1970)
MANDATE
PROCESS IN ITIATI 00
AUTHORITY
ASSESSMENT
APPLICATIOO DECIDED BY
1
Police or the Children's Protection Society
In need of care and Protection Section 31
(Under provisions of Children's Court Act 1973)
1
Parent or Guardian
1
Irreconcilable Difference Section 34 or 104
Superintendent of a voluntary Children's Harre
1
Application to DirectorGeneral Section 35 (Time limited contract)
Section 35 (10) or 73(d)
Police
Section 26
I
Assessment and Report prepared by relevant Regional Centre, Children's Court Clinic an approved Children'S Protection Agency including investigation and elaboration of of options other than wardship which have been investigated, and recanmerrlation by a delegated Departmental officer. Children's Court
I
Children's Court
I I Child or Young Person can be admitted only
I
Area Director
I
I
I
I
Regional Manager
Children's Court
if it is the best alternative for the child/young person, and all other possibilities have been investigated which may enable the child/young person to remain with t~ family arrl/or Within the familiar community.
I
Regional or centralised Reception Centre or Reception Foster care or Other placement 11119/20
1
DHS.3002.381.0036
- 16-
2.2.2
Rst Pdnissim Planirg
bnJ
Orild's C'aretart.s
I
Cl:l'er R:p::>rt.s fran Sp3cialists ErJ r-trlical P.:ychiatric
P.::¥do:loJ:ical
__________ _________ ___
'
Senior IEgirnal Oantre Staff
Field.-Drter
~----_'_--------'_--------I
I I
C:Ele PlamirI] M:a:irg - 8ix we9G fu1:k:JwinJ ldrrisskn tn Care at lelevant IeJ:ia1al Oantre
Fanily Intervert:krs + Fanily
&w:>r.t
SystalE ld:ivatOO
1
IEgic.nal
~
I----~--~~--~----~------~_II----~------~--~-----'I I I I I I I I I
~kn
(8.40/105)
FestEr
R:mily
catp.s
~te
Care
CIDJp
O:t.~
Care
H:IIe
ErJ Visits, Iliy CINI'INID CAc:E
rumrn; mnm
cmrge;
Sp3cialist Fccility
H:IIe leleale indicated by Regional Managers as ca re givers and likely to be involved in an en:ergency situation.)
THE TERMINOUX;Y OF SERVICE reSIGN AND DELIVERY
The Department of Community welfare services, like other large scale organisations must confront the constant need to: - plan effectivelY1 - make inevitable ~urce trade-offs in a coherent and equitable way 1
aoo
- co-ordinate control and systematically evaluate the activities of its various service elen:ents.
DHS.3002.381.0040
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The inter-relationship of these complex managerial tasks requires that a service planning and delivery be developed in which model of bnplementing structures and desired goals are clearly specified and stated in a tenninology which is generally understood. The service planning framework for the Department links together the broad goals and more detailed objectives of government policy with budget planning and strategy. The various Departmental goals are met by different programs whilst the Department is structured in both Regions and Head Office so that various parts of the organisation may contribute to the same goal. The old 'service system' approach which included the Family Service System and Correctional Service System has been replaced by the Program approach, (though VHSIS classifications are still relevant to indexing services). Each Program is divided into sub-sets called sub-programs, (for example, the Protective and Substitute care program has 6 sub programs such as Child Protection Services and Statutory Supervision). Each sub-program is divided into sub-sets called components (Statutory Supervision is divided into (1) Guardianship of Children, (2) Supervision Orders and (3) Guardianship of Refugee and Migrant Children). The objectives for each component are achieved by identifiable 'activities'. (The Activities for Guardianship of Children include Case Plannio;:J, placement Supervision, Court Reports, Annual Review, Preadmission Assessment.)
SUB-PRffiRAMS Ca.u>CNENI'S ACTIVITIES
'!he Department's major programs are:
* Protective and Substitute Care which provides a wide range of services designed to give care and protection to children and young people at risk of abuse, neglect or exploitation - and to provide care and control of young offenders.
*
Development of a SUpportive Oommunity which supports a variety of consultative and co-ordinating arrangements, the provision of advice and the provision of a wide range of support and practical assistance to children, families and individuals through community organisations.
DHS.3002.381.0041
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*
The
third major program is Concessions for Pensioners, Beneficiaries other loW Incane Earners. Rate and transport concessions are provided to this group of people and the Department provides a coordinating and policy/advice function for all State concessions. and
* Corporate Management - This includes the Minister's office and that of the Director-General plus the Management Advice and Support subprOJram. 2.4.2
The Four Major PrOJrams
2.4 .2.1 CORPORATE MANAGEMENT The Corporate Management PrOJram has t>«> sub programs:
* A Departmental Executive consisting of the Minister's Office and the
Office of the Director-General. It provides the key linkage between the Department and the Governmant, and detennines overall directions for the Department.
* A Management Advice and SuPtx>rt sub-prOJram concerned with prOl1idiOJ policy and management advice to the Departmental Executive and the conduct of routine management and service functions. 2.4.2.2 PROTECTIVE AND SUBSTITUTE CARE Children at Risk Children or young people at risk need protection and c~re and the emotional support of caring adults and this is usually best provided by supportiOJ the child's natural family. SCrne parents, however, are unable or unwilling to provide care for their children and the next best alternative is usually to prOl1ide care for the child in another family within the child's own community.
The Department conducts a number of prOJrams to assist families to provide adequately for their children but where families are unable to do so, it may either through a Court order or by voluntary aJreenent, assume responsibility for the children. children become wards of the State and the Department assumes full responsibility for their care and protection. 'ttle guardianship of each ward is reviewed annually to ensure that it is not retained any lOOJer than need be. Same
Where the situation does not warrant the removal of parental guardianship, the Children'S Court may decide that a child be placed on a Supervision Order for up to three years. These children and their families are supervised by departmental field >«>rkers. CUrrently, adoption services are provided by the Department and by eight approved adoption agencies on a Statewide basis and long-tenn substitute care is provided through foster care agencies.
DHS.3002.381.0042
- 22 Residential care is mainly pr~ided in family group homes accommodating four or five children in a house in the canmunity. Other forms of residential care include pr~isions for younger adolescents in a house in the canmunity, temtx>rary/errergency residential units, campus care involving a number of small units on a large site am a small nurrber of congregate care facilities accommodating up to forty children in the one building • Youth Accommodation In the area of Youth Accommodation Services, the Department makes grants to suptx>rt canmunity based groups which operate a total of 21 services. These services pr~ide accommodation for young people in the following ways: i)
Youth refUdation options specified in 5.22(4) of Children's Court Act for up to 24 hours without a safe custody order. This period can be further prolo!'XJed where it is not practicable to appear before a just ice or court. Arrj further intervent ion requires orders of the court. When the child or you!'XJ person appears before a children's court proper the court may deal with the Application then or adjourn further. During the adjournment the court may: let the child go at large; release on bail (on own recQJnizanoe); release to parents or other person (on their recognizance);
DHS.3002.381.0060
- 39 place on safe custod y order in any S.22(4 ) placem ent; • place on safe custod y order in any S.22(4 ) placement but set bail (S.22(10» • '!he court may in scme cases releas e on ba i l wi th res idenoe condi tions under the Bail Act but there is debate as to wheth aoo other .Act applie s to Prote ction aoo Irreco ncilab le Differ ence Appli er the Bail cation s, or only to offen ces.
If paren ts are free to make their own accommodation arrang s for the child or young person a S.27(a )(iv)( C.W.S . Act) placement ement in a Recep tion Centr e may be reques ted. When placed on Safe Custody Order under S.22(4 ) Child ren's Court Act the follow ing option s are availa ble: Where pract icable • recep tion centr e (if under 15) remaoo centr e (if 15 or over) other accommodation approved by the Direc tor-G enera l (see below, 3.1.3) Where not so pract icable • respe ctable person s • marrie d police offic er, proba tion offic er or autoo rised person Where nothin g availa ble or speci al reason s prison or lock-u p Grounds for Prote ction Appli cation s
s. 31(1) of the CWS .Act 1970 lists four situat ions in which a child or young person may be in need of care and prote ction. Such applic ations may only be made in respe ct of childr en under 17 years . (a)
child or young person has been, is being or is likely to be ill-tr eated , exposed or negle cted or his physi cal, rrenta1, or emoti onal development is in jeopar dy;
(b)
'Ihe guard ians of or person s haviIl'J the custod y or respo nsibil ity for the child or youIl'J person do not exerc ise adequ ate super vision aoo contr ol over the child or young person ;
(c)
guard ians incap acitat ed or ional development riate person s are
(d)
The child or youIl'J person has been abandoned and his guard ians or perso ns haviIl'J the custod y of or respo nsibil ity for him canno t after reason able irqui ries, be found.
The
'!'he
of the child or youIl'J person are dead or are otherw ise jeopar disiIl' J the physi cal or emotof the child or young person and no other appro pavaila ble to care for the child or young perso n.
Court Hearil'VJs 'Ihe Act ~ires that prote ction appli cation s be heard lly as soon as pract icable (with provi sion for adjou rnnen ts). The initia Child Act 1973(S.18) exclu des the publi c fram court hearin gs ren's y should be placed on file. The
Recommendations to the Court The report should include a recommendation to the court on the possible disposition of the case. Where wardrker provides a statement OOLY to the effect that the recrnmendation in the other (named) organisations' report has been discussed with, am is endorsed by the regional office. If '10 agreement can be reached between the Department and the other organisation, then the Department proceeds as an independent agency and provides its advice to the Court. It is the responsibility of the Court, on the information placed before it, to detennine what it believes is the most apprcpriate disposition in the individual case.
3.2.4 •
'!he Ible of the Olildren' s Oourt Mv isory Serv ice (i)
To ensure that regions are notified as soon as possible of requests for PSR's and 831(2) reports in relation to children/ young pecple appearing before the Melbourne Children's Coort.
(ii)
To prepare reports on children woo are to appear at Melbourne Children's Court from interstate and country regions (if now living independently am unknown to any region).
(iii) To sign 8.3l( 2) at the request of a regional centre only when the following procedures have been observed. If another agency (e.g. the Children's Court Clinic) has been requested by the court to prepare a report and decides to recoomend wardship, a 8.31(2) will be required fran the Department. It is not sufficient for a regional centre to autoorise a 8.31(2) after having only discussed the case with OCAS.To meet the intent of the Act the region must take "all reasonable steps • •• to provide such services as are necessary to enable the child to remain" (at tnne). The other agency preparing the report should therefore discuss its report and recommendation directly and in a comprehensive manner with the regional centre. SUch discussions must take place seven days before the court hearing to enable the regiooal centre to investigate alternatives to wardship. '!he Regional Centre should then contact OCAS to request that CCAS present a 8.31(2) certification to the Court on behalf of the regioo.
DHS.3002.381.0065
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'!he other agency may choose not to discuss its report wi th the Department. In this situation where wardship has been the reoommendation a S.3l(2) certification cannot be pr~ided by CCAS or a ~ional Centre unless the court so requests and adjourns~ case for preparation of a S.3l(2) report. (iv)
3.2.5
In exceptional circumstances, and where no other Departmental or Clinic report has been requested 1 CCAS may pr~ ide verbal advice to the court and arrange for authorised CCAS staff (i.e., OIC, SW3) to sign a S.3l(2) certification when appropriate. '!his is to occur only when the following procedures have been fully observed: (a)
CCAS has discussed the situation with parents/guardians and the you~ person, and all are in agreerrent.
(b)
CCAS are then to discuss the situation with the relevant regional office who are in agreement with the recommendation.
'!he Role of the Children's protection Society S.3l(2) of the Act also allows' the Children's Protection Society to sutmi t repprts to a Children's Court. Therefore, in cases where CPS has brought the case before the court, they will normally supply the S.3l(2) report to the court. CPS are not required to prepare reports for Irreconcilable Difference Applications. In such cases, CPS may need to consult regional centres about the availability of services, previous knowledge of the family etc. Regional staff should always assist CPS in such enquiries.
3.3
CONVICTIONS FOR OFFENCES Where a child or you~ person is brought before court on a charge for an offence the court may be in a position to admit the child or y~ person to the care of the Departrrent (wardship). There are then t'110 avenues open to the court: (1) under S.26(1){g) where duri~ the proceedings for the charge the court is satisfied that the child (or you~ person) fits any of the descriptions in S.31(l) of Community welfare Services Act the court may deal with the child in all respects as if he or she had been brought before the court on a protection application. '!his applies to persons under 17. The offence does not have to be proven. If the court (2) under S.26(l){f){i) Children's Court Act. convicts a person under 15 of an offence it may admit to the care of the Departrrent (if 15 or over it may sentence to a youth training centre or youth attendance project once the new legislation is proclailned). '!he court is required to consider (request) a S.31( 2) report under S.26(1) (g) before admitting to the care of the Department aM may use other dispositions such as Supervision ~der or Adjournment.
DHS.3002.381.0066
- 45 VA1en a person under 15 is admitted under 26(1)(f)(i) of the Children's Court Act 1973, the DepartIrent is not required to sul::mit a 8.31(2) reI.X>rt. Regional offices or Youth welfare Services should submit a pre-sentence report, with dispositional recanm:mdations included, when requested to do so, but the DepartIrent d::>es not have to show that it has tried all trose services which would enable the child to remain in the care of his family. In practice, however, recanmeroations in such cases must be consistent with recommendations to the court where children are appearing on protection applications. That is, all attempts should be made to prO\1ide the family with services that will enable the child to remain at home. The PSR should advise the court of what services have already been tried. Re~rts recommending admission to the care of the Department must be counterslgned by officers authorised under 8.31(2). 3.4
BREACHES OF PRCBATICN AND 8UPERVI8ICN ORIERS Full procedures cO\1ering breaches of Children'S Court Orders are contained in the Departmental "Manual of Probation Procedures". VA1en a court breaches a probation/supervision order, the dispositions available are the same as those available at the time of the original judgement. In preparing reports and making a recommendation to the court it is therefore essential that the original charge or application be considered. If the original application was brought under 8.33, 34, or 104 of the CWS Act ( Le., a "Protectioo or Irreconcilable Difference Application") the normal procedures for the preparation of 8.3l( 2) reports should be followed. If, however, the original hearing related to a charge for an offence, no 8.31(2) report is sutmitted to the court. In practice, however, equivalent standards must apply in all recamrendations for wardship and the court should be advised, within the PSR, of what services have been tried to enable the child to remain at heme. Reports recommending wardship must be countersigned by officers authorised under 8.31(2).
3.5
IRRECONCILABLE DIFFERENCE
APPLIC~IONS
8.34 of the CWS Act provides for irreconcilable difference applications in relation to children under 15 years. 8.104 of the CWS Act prO\1ides for irreconcilable difference applications in relation to young people of 15-16 years of age. Both sections of the act are virtually identical and allow for applications to be made on the basis of a "substantial and presently irreconcilable difference between the parent and child (or young person) to such an extent that the care and custody of the child (or young person) are likely to be seriously disrupted". ~o
may apply?
1.
A parent or other person having the care and custody of the child or young person. 'lbe child or young person.
2.
DHS.3002.381.0067
- 46 How are applications made?
Applications are made to the Children's Court (Clerk of Courts) on fonns also available fran any Children's Court. See Form in Appendix 9. As an affidavit should be sworn that a copy of the application has been served on the other party, it is preferable that the forms are canpleted with the assistance of the Clerk of a Children's Court. At the tLme the applicant sutrnits the forms to the Clerk of Court, a date is set for the hearifYJ. A copy of this form is included in Apperrlix 9. The form should conform to the format in Community welfare Services (Forms) Regulations 1984 - Form 4, Irreconcilable Difference Application. Emergency Placement Provisions in the CWS Act 1970 allow for the hnnediate placement of a child or young person when an Irreconcilable Difference application has been lodged. '!he child or YOUfYJ person may be placed in accamrodation options listed in S.22(4)(a) or (b) of the Children'S Court Act and transferred to other accommodation as described in s.22(4) (see Section 3.1) durifYJ the period while waitifYJ for the Court hearing. Placement in a jailor lock-up is not available. Any such placefllent under S.34(lA) or 104(lA) must be considered a voluntary p1acerent on the part of the child or parent. TIle placement does not have the force of a safe custody order. Canparable arrangements to those for 27(a)(iv) p1acerents must be made, bearing in mirrl that 27(a)(iv) placements are restricted to a reception centre. Placement During Adjournments The court may issue a Safe Custody Order for placement after an initial hearing of the Application is adjourned. However, the placerent under S.34(lA) or S.104(lA) of the C.W.S. Act may continue until the child or young person is dealt with under Part V of the Children's Court Act, which implies final disposition under S.27 of Children's Court Act. Court DiSpositions Note, probation can no 10fYJer be given as a disposition for Protection Application or Irreconcilable Difference Applications. Dispositions under S.27 of the Children's Court Act apply i.e: • admission to care of the DepartIrent; • supervision order; • adjournment for up to two years. Report Preparation '!he Clerk of Courts will generally refer the applicant arrl family to news or same other appropriate agency for the preparation of a pre-court report. If time does not permit preparation of such a report, the court should be advised in writifYJ that insufficient time existed for preparifYJ the report. In such cases, the Magistrate may, after firrlifYJ the case proven, adjourn the case for preparation of the report. If admission to the care of the Department is beifYJ considered a S.31(2) report is required as in 3.2.2. A normal pre-sentence report is prepared followifYJ the guidelines set out in Chapter 3 of the Department's Manual of Probation Procedures. '!he report should indicate alternatives to wardship where appropriate. If wardship is recommended the report must be countersigned by an officer authorised under S.31(2) and a S.31(2) certification (form 4816) attached.
DHS.3002.381.0068
- 47 Reports (especially at pre-court stage) should focus on the extent of any substantial and presently irreconcilable difference. Where the family has been referred to the Olildrens Court Clinic, and where the clinic has prepared a report, this report must be discussed with the relevant regional office and countersigned by an officer authorised under s.31(2). Children's Court Advisory Service may countersign the report only after this discussion has occurred and when tbne delays prevent the report being able to reach the regional office and return to the court. When the clinic has recommended wardship a 5.31(2) certification must also accanpany the report. Application by a child/YOung person While not denying the right of a child or young person to make a 5.34 application, consideration should always be given to the child's age and level of understanding. Where there is doubt about the capacity of the applicant, the Police or Children's Protection Society may need to be notified for assessment of an application under 5.31 of the CWS Act 1970. However, where a child has sufficient understanding the application by the child is preferable to a protection application because the grounds are straightforward and the ethos of the Irreconcilable Difference application is less coercive than police apprehension and prosecution. It 'lK>Uld generally be appropriate for legal representation to be arranged in such cases. 3.6
VOLum:~Y
ArnISSlOOS TO WARDSHIP
Section 35 of the Act allows for the voluntary and planned admission of children and young persons to the care of the Depart.rrent, by administrative decision rather than court procedure. It enables the voluntary transfer of the gua~ianship of a child/young person from the natural/legal guardian to the Director-General of the Department of Community welfare Services. Section 35 admissions are designed to provide a rreans for parents/ to make a voluntary contract with the Department to care for their children for a specified titre. This administrative procedure also enables the parents/gua~ians to withdraw fram the agreement at their own discretion and res~ care provided they give three weeks notice in writirg and the Children's Court has not in the meantime made a wa~ship order in response to a Protection Application by the Director-General. gua~ians
3.6.1
Legislative Details Section 35( 1) cOllers the makirg of the application.
It states:
"Any parent, guardian or person having the care and custody of a child or young person under the age of seventeen years may apply in the prescribed form to the Oirector-General that the child or young person be admitted to the care of the Department for such period of time not exceedirg twelve nonths as is specified in the application."
DHS.3002.381.0069
- 48 -
Section 35( 2} deals with the information required to be furnished when a Sect ion 35(1} applicat ion is made: (i)
the wishes of both parents. If only one parent applies, the opinion of the other parent should be sought am considered where practicable:
(ii)
the wishes of the child or young person, wherever practicable havin;J regard to age:
(iii) a report by any person wham it is considered has information relevant to the application. with the applicant's consent, the Department may "require" such a report am penal ties exist for failure to provide the necessary information ($250 or three mnths imprisorrnent) • If the applicant wi thOOlds consent, the Department may still require a person to furnish information but must first apply to a magistrate (in chambers) to dispense with the applicant's consent. S.35(2d} provides for the Director-General to enter into a S.35 agreement once necessary inqulrles have been made and the DirectorGeneral is satisfied that admission to the care of the Department is in the best interests of the child or youn;J person. S.35(3} places limits on the duration of agreements. care is for a maximl.ln of 12 mnths.
Each admission to
Although the act makes provision for extension of an agreement for a maximum of twelve mnths, staff are to treat each application for an extension as a new application and follow identical procedures. (Use Form ••• ) '!he spirit of the legislation is that a Section 35 agreemant is for soort term care arrl that any further periods of wardship soould be granted only after thorough consideration of the child or young person's 10n;J term arrl soort term needs arrl the ultimate capacity of the family to resume care for the child or youn;J person. It can be noted Section 35 case. S.35(3} any extenslOOS extension} •
that
S.35(4} enables the parent, guardian, or the Department to terminate the agreement, and therefore wardship, simply by givin;J 21 days notice in writin;;J to the other party. S.35( 5} covers the options available to the Department when a party to the agreement wishes to terminate the agreement. The Director General may either return the child to the parent (arrl wardship terminates), or take out a protection application in the Children's Court (see later section on operational procedures). Such an application would be prosecuted in court by Departmental staff not by CPS or police. S.35(6) enables a guardian to appeal to the Children's Court if the Department does not agree to the grantin;;J of a 5.35 Application. S.35(7} provides that where foster parents, dlildren's tnnes, etc. becane eligible for payments, once a child has been admitted under this section, these payments shall be backdated to the date of the
DHS.3002.381.0070
- 49 5.35(8) states that a:1missions under this section are equivalent to an order admittin;} a child or youn;} person to the care of the Department. 5.35(9) am (9A) enables the energency placement of a child or yotmJ person pendi~ the detennination of an application under 5.35, and transfer of the child/ young person to alternative accommodation if appropriate. 5uch placerrent may be at any reception centre, remand centre, accanm::>dation apprC7Ved by the Director-General, or respectable person in any reception placement in 5.224(a) or (b) of the Children's Court Act. 5.35(10) cC7Vers applications children's home (see 3.7). 3.6.2
for
admission
to
care
fram voluntary
Good Practice in ~lation to 5.35 Applications
5.35 agreerrents are appropriate: 1.
(a) (b) (c)
2.
when guardians acknowledge their inability, for various reasons, to provide adequate care am there are no adequate alternatives for the child or yotmJ person, and support systems other than wardship are not available or effective, and the guardian is likely to ranain involved in plannin;} for the child. (This is desirable given that agreements require renegotiation at least annually. (Note Section 7.3.3 Appeal against refusal of news to admit Child to wardship).
'ilien the child or youn;} person is obviously sufferin;} fran the treatment given by parents, but a protection application could not be sustained because of evidentiary problems, but l(b) am l(c) above apply.
Because the spirit of the legislation is that 5.35 agreenents are tUne lllnited they should generally not be used in the followi~ situations: 1.
A child is already placed in a children's home but now requires an active guardian for an expected period of rrore than t~ years.
2.
A mentally retarded child has a suitable placement available after his admission to wardship but requires lOn;} tenn placement.
3.
A severely physically handicapped child has a suitable placement available after his admission to wardship but requires lOn;} tenn placement (more than two years).
4.
application is made by a current caretaker of the child when the parent(s) is still livi~ and able to be contacted by the department. An
In this situation consideration must be given to the followin;}: (i)
5.35(2) (a) indicates that ~n one parent has made such an application the department "shall ascertain the wishes of the
DHS.3002.381.0071
- 50 other parent so far as is practicable. It is therefore in keeping with the general spirit of the legislation that when an application is made by a person other than the parent(s), the parent (s) are to be consulted. (ii)
Admission to wardship will effectively transfer guardianship rights fran the parent(s) to the departmant as the current caretaker does not have guardianship rights in their caretaker capacity. Therefore it is considered necessary for the parent(s) to be consulted and agree to the application proceedinq
Where the parent(s) is not the applicant there is no provision in the CWS Act 1970 for the parent(s) to: appeal against the application being accepted and their guardianship rights being transferred to the department. negotiate the length of the agreement or reconsideration at the end of 12 months. a court admission would allow such action to be taken, particular attention must be given as to why voluntary admission has been considered appropriate and whether written agreement to pursuing this measure has been gained fran the parent(s). It is extremely rare for applications to be made in this situation. (In situations where parents have consented to adoption, guardianship under the Adoption Act should be discussed with Adoption staff). As
In these four cases, it is important to bear in mind the time-limited nature of admission under 5.35. If applicants are not likely to retain contact with the Department a court admission may be necessary before the agreement expires. Consideration should therefore be given to arranging a court admission ( 5.34, 5.104 or 5.31) in the first instance. However, where a parent is insistent on a voluntary admission and is unwilling to pursue a court admission, consideration can be given to admitting the child under 5.35. In these circumstances it is necessary for the fieldworker to have fully explained the potential benefits to the child and the parent in pursuing an alternative. In the report to the Regional Manager the basis for a parent insisting on the voluntary admission should be docurcented, and the possible future problems which may be encountered if the parent does not maintain involvement in the planning for the child. (This may be useful if a court admission is required at a later date). 5.35 agreements may not be appropriate when: 1.
The wardship is potentially in conflict with the jurisdiction of a court as seen in the case of: (a) (b)
a custody dispute between parents, relatives or custodian before or after the Courts' decision; a child on a supervision order where there has been a breach of the order or where other alternatives are available;
DHS.3002.381.0072
- 51 (c)
a child or youDJ person awaitirg appearance before a Children's Court for a protection or irreconcilable difference applica t ion.
2.
The guardians are not able to accept the implications of wardship.
3.
An older child or yourg person is totally against beirg admitted to wardship and such admission would be detrimental to his future relationship with his parents. (parents may wish to consider Irreconcilable Difference applications as an alternative.)
4.
Financial difficulties have led to the application. financial support ALONE should not warrant admission.
5.
There are serioos and irreconcilable differences bet\tleen the parent and child, or there are indications that it would not be possible to establish an effective workirg relationship bet\tleen the parent and the Cepartment. In such situations, the parents should be "irreconcilable difference" application Court.
~
lack of
advised to make an through a Children's
6.
The young person is 17 years of ege or older. The legislation OOes not allow for yourg people of this age to be admitted. A young person may live irrlependently and apart fran parents in the canmunity if he is self-supportirg and his physical, rrental or emotional development is not in jeopardy.
7.
A child is without a legal guardian. This is not considered in itself to be an adequate groond for admission. The Public Trust Office will administer any estate or assets of a child without guardians. There must be additional reasons which necessitate the assistance specifically available through wardship.
Children's Hames Applications The person-in-charge of a children's lnne apprOV'ed (or established) under The Act who has the care and custody of a child may apply under S.35(10) to have the child admitted to the care of the Cepartment.The followiDJ guidelines should be used in assessirg such an application: (a) the
fact
that
a
child does not have an active guardian in itself
does not justify wardship; (see under (7) above)
(b) the applying institution should have or lorg-tenn care of the child (an agency providing the child with errergency/short-tenn care is not an eligible applicant); (c) the parents are unwillirg/unable to make decisions in the interests of the child; (d)
there must be targible benefits accruirg admiss ion to the care of the Department;
to the child fran
(e)
the contract for service must include a statement on the responsibilities of the applying children's hone (e.g. their responsibility to prOV'ide a placement).
DHS.3002.381.0073
-
52 -
Interpretation to the family of the meaning of wardship It is often hard for parents (or custodians) to make a decision to relinquish their legal guardianship to the Departrrent. 'n1e meanin] of such a step, as well as row the Departrrent is likely to carry out its role after the grantin] of wardship, must therefore be interpreted truthfully am sensitively, prOV'idin] the parents with adequate time to consider the matter carefully. 'n1e \\Qrker should at too same time stress the limited tenure of the agreement, am the option of withdrawirYJ at any time or extendirYJ for up to a year. (see also 3.6.4). Preparation of the child for the action is equally llnportant, am is often overlooked by the parents. Toorefore, the \\Qrker should make a special point of it, am may have to carry rut sane part of the preparation of too child. 3.6.3
Operational Procedures - Initial Admissions 1.
Any guardian has too right to make an application am must never be refused this opportuni ty. vtlenever poss ible , rowever, the application should only be taken following: -
exploration of the family's position; investigation of all other forms of assistance that may prevent family disintegration; full discussion with the parents am child of the llnplications of wardship.
2.
If the applicant is other than a parent or custodian establish eligibility to apply. Agencies temporarily carin] for a child are not eligible to apply.
3.
One application for each child should be taken fram the parent or the t\\Q parents if the secomparent has been involved with the child to a significant degree. Use the Fonn - Application to the Director-General for Admission to wardship under Section 35.
4.
In the process of takin] the application the \\Qrker must explain the effects of makin] the application am be fairly sure that the applicants clearly understam: (a) the role of the Director General as guardian durin] the period of too agreement; (b) the ability of givin] written beforeham;
all parties to the agreement to withdraw after notice of intended withdrawal 21 days
(c) the option the Director-General has to make a Protection Application to a Children's Court if the Director-General does not agree to return to child or young person on a notice of withdrawal fram the agreement.
DHS.3002.381.0074
- 53 5.
At the time of canpletirg the Application the applicant is to complete the applicants part of the FOrm - Agreement for a Child or Young Person to be Admitted to Wardship under Section 35( 2) (d) •
6.
A copy of the completed FOrm and a cq;>y of the uncanplete Agreement Form are to be handed to applicant at the time of makirg the application together with a blank cq;>y of the Form - Notice of Intention to Withdraw Fran Agreement for a Child or Young Person to be Admitted to wardship. (An application to withdraw fran an Agreement must be in wri tirg but does not have to be in the Fonn provided) •
7.
tain the applicant's pennission ard then contact any person or agency in a position to furnish information considered to be relevant to the application. Where appropriate, the child's school and local doctor should be contacted.
8.
If the child was previously a ward, the ex-ward file srould be obtained fran the Records Centre and be joined to the application.
9.
en
the ba.sis of infonnation obtained fran the family and other relevant individuals/agencies, and after discussion with the regional senior social worker, the fieldworker prepares a report with recanmendations followirg the guidelines set out in Appendix I.
10. All for
the collated material is then forwarded to the Regional Manager final assessment and decision. If wardship is agreed to, the Reg ional Manager signs the Fonn - Agreement for a Child or Yourg Person to be Admitted to the care of the Departm:mt under Section 35(2d) If the application is refused, the Regional Manager should write "application refused" across the bottom of the Application and Agreement forms.
11. If wardship is granted: The followirg documents are forwarded to the Records Centre: (a) (b) (c)
the original signed application and agreement forms: a cq;>y of the 5.35 report: a cq;>y of all supportirg reports includirg the medical certificate.
12. '!he Records Centre registers the child, allocates a ward number arrl raises a ward file. The completed file is returned to the regional centre. 13. \tbere (a) (b) (c)
reg ions
use
famil y
files,
the
file
should
a ~ of the applicat ion ard agreement forms: the 5.35 report: copies of all other supportirg reports/documentation.
conta in:
DHS.3002.381.0075
- 54 -
14. '!he rQ'Jional centre ....orker haOOlirg the case writes a letter to the parents, the child (if appropriate) and to any other relevant person or institution inforrnirg them of: (a) (b) (c) (d) (e) (f) (g)
the Regional Manager's decision; the date of the wardship CO'l'IItencement; the grounds for the decision; where the child is placed; the name and location of the field ....orker to contact rQ'Jarding future plans; the date of the case plannirg Ireeti~, and includes a copy of the finalised agreement.
These letters of notification should be sent regardless of whether the parents/other parties have been infonned verbally of the Regional Manager's decision. Notification to family members should be by registered mail. 15. Fram the date of should be followed.
admission,
the normal case plannirg procedures
16. If wardship is refused:
-
The Regional Manager writes "application refused" across the bottom of the application and agreement forms. 17. A regional file is raised containirg: (a)
(b) (c)
the original application and agreement forms; the 5.35 report; all supportirg reports am oocumentation.
18. A registered letter is sent to the applicants informing them of:
(a) (b) (c) (d)
the decision; too date of too decision; the reasons for the decision; too appeal possibilities and procedure am alternative routes to wardship (e.g. under 5.34). N::>te Section 7.3.3 Appeal.
19. If contact closed.
with
the
family
then ceases,
the
regional file is
3.6.4.1 Re-negotiating the Agreement - Extension The legislation permits only one extension of a Section 35 agreement if the usual practice of extending for twelve months is followed (or alternatively a number of shOrter extensions totalling no more than twelve months). \tllere an extension is sought, parents are required to indicate formally their desire for wardship to continue by completing a new "Application to the Director-General for admission to wardship under Section 35". This procedure allows for appeal rights if an extension is not granted.
DHS.3002.381.0076
- 55 If the case planniDJ meetiDJ called to consider continuation of wardship recommends the extension parents would usually sign a new "Agreement for a Olild or Y0urYJ Person to be admitted to the Care of the Department under Section 35(2d)" at the Case Planning Meeting. The Regional Manager should sign the new agreement before expiry of the old. In this case the Regional Manager agrees to the child or youDJ person "being further admitted". The w::>rd "admitted" in the "admitted/further admitted" options in the fonn is deleted. 3.6.4.2 Oontinuation of wardship after a 12 Month Extension When an extension of 12 months (or several totalliDJ 12 months) has already been granted, no further extension may be granted. In this case a new application is to be processed following the procedures set out in 3.6.3, with the exception that the RCPC must make the recommendation and consider any further case plan instead of the application and documentation beiDJ referred directly to the Regional Manager as in paragraph 9 of 3.6~3. The above implies that parents (if willing) will canplete the Application and Agreement forms in advance of the case planning meeting where 12 months extension has already been granted. The intention of this process is to assert the short-tenn nature of 5.35 agreements. It is necessary for the case planning committee to justify granting a further Section 35 Application after t\\Q years of wardship and it is necessary to explore alternatives to grantiDJ a further Application that considers the long tenn best interests of the child or young person. In this case the Regional Manager agrees to the child or YOurYJ person "being admitted" the w::>rds "further admitted" are deleted fran the "admitted/further admitted" options in the fonn. 3.6.5
eperational Procedures - Extensions and Discharges A.
Extension requested - RCPC Recarmends for Extension
1.
Parent is approached in advance of RCPC to ascertain their wishes in relation to the child or YOurYJ person and canplete a new application if appropriate.
2.
RCPC considers future plans for the child and fcm\ily accordirQ to the procedures in Chapter 4: parents sign new "Agreement for Clild or Y0urYJ Person to be Admitted to the Care of the Department under Section 35(2d)".
3.
Regional Manager signs the agreement fonn, (or refers the matter back for further consideration).
DHS.3002.381.0077
- 56 -
4.
The new agreement is placed on the ward file.
(a) (b) (c)
Copies are:
sent to the Records Centre placed on the regional file sent to the parents.
B.
Extension requested - RCPC Recoomends Against Extension
1.
Parent is approached in advance of the RCPC to ascertain their wishes in relation to the child, and complete a new application if appropriate.
2.
RCPC considers future plans for the child and family according to the procedures in Chapter 4 and makes a recommendation to the Regional Manager.
3.
Regional Manager writes "application refused" across the bottcm of the application fonn and places it on ward file, (or refers the matter back for further consideration).
4.
The family is sent a registered letter infonning them of: (a) (b) (c) (d)
the decision; the date of the decision; the reasons for the decision; the appeal possibility and procedure and alternative rootes to wardship (e.g. "irreconcilable difference applications"). Note Section 7.3.3 Appeal.
5.
the family does not appeal, after 30 days a tennination fonn (Frcm 4821) should be completed by the Regional Manager and placed on the ward file. A copy should be placed on the regional file and the ward file returned to Head Office.
6.
If contact with the family then ceases, the regional file should be closed.
If
Clearly, the Departrrent can only refuse the extension request after ensuring the child will be appropriately cared for without the protection of wardship. C.
tb. extension expiry
1.
Where parents do not make a new application, the decision regarding the departmental position towards discharge or other action must be made by the RCPC.
2.
Although wardship autcmatically expires of "Not if ication Wardship Tennination" ccmpleted.
3.
Copies of the fonn are (a) (b)
request or
new application
sent to the parents; sent to the child (if appropriate);
-
Department supports
on the due date, a fonn must still be
DHS.3002.381.0078
- 57 -
(c) (d)
placed on the ward file which is then returned to the Records Centre; placed on the regional file, which should be closed if no further contact with the family is anticipated.
D.
No extension request or new application - Department opposes discharge
1.
The Department may be opposed wardsh ip on the grounds that: -
to discharge
of
the child fran
the parent is unable or not interested to provide for the care of the child e.g. if the parent is unable to be located; the parent wants the child discharged, but is unable to provide adequately for the care of the child.
In circumstances like these, 5.35 agreement is both inappropriate and not provided for in legislation and a protection application is indicated. Such a decision must be made by the RCPC ard emorsed by the Regional Manager. 2.
The fieldworker refers the case to CPS or Police, whichever is the most appropriate in the circumstances.
3.
CPS/Police will then assess the case ard, if they believe it appropriate, lodge a protection application with a Children's Court.
4.
Regional staff would normally be protection application hearing.
called as key witnesses in the
Departmental (Protection) Applications to a Children's Court Departmental staff are not authorised prosecuting agents, as provided by 5.32(1) of the CWS Act 1970, (but note that a protection application in this case is different from one under 5.35(5) which is prosecuted by OCWS staff. See 3.6.7). The ministerial delegation to act as prosecuting agents could be made to individual staff, if unusual circumstances dictated its necessity. If a protection application is considered appropriate, but it is not appropriate/possible to use CPS/Police services, the case should be discussed with the Area Director. If he considers it appropriate, he may seek a special time-limited delegation from the Minister for the Regional Manager. If departmental staff were to prosecute, consideration would need to be given to their representation by the Crown Solicitor. If the Protection Application is not granted canplete am process the Form - "Notice of Wardship Termination" as in C.3 above.
DHS.3002.381.0079
- 58 -
3.6.6
Undesired Expiry of wardship Regional offices are responsible for ensuring the RCPCs review all cases prior to expiry. If, through poor planning, a case expires, action must be taken i.mrrediately to protect the child. In doing so, it must be remembered that the Departm:mt or other agency has no autoori ty to hold a child C:¥;}ainst the guardian'S wishes. Legal autoorisation for holding a child will only be obtained once a protection application is taken out and a safe custody order obtained. cps/Police must therefore be contacted ilnmediately.
3.6.7
Termination of Agreement with 21 Days Notice Either party to the agreerrent (i .e. the previous guardian or the Department) may terminate the wardship C:¥;}reement by giving 21 days notice in writing to the other party. The RCPC may decide that wardship is no longer appropriate aoo give the parents 21 days notice of wardship termination. The notice should be signed by the Regional Manager aoo either served personally or sent by registered post. Where the parents give the depart.Irent 21 days notice, a case planning meeting should be arranged inrnediately. Wlere the department is opposed to release, bnmediate action must be taken to protect the child. The Director-General must make a Protection Application in the prescribed Protection Application Form. Involvement of CpS or police is not necessary under S.35(5). Legal assistance in prosecuting the Application should be sought through the legal unit in view of the difficulty often found in sustaining such applications. fib authorisation by the Minister under Section 32 is necessary to prosecute the Application: Parents must be advised of any hearing. ----
3.6.8
Emergency Placement of placements)
Children
Subect to S.35 Applications (S.35(9)
In same cases, it may be necessary for a child to live separately fram his parents pending the outccrce of the S.35 application. S.35(9) allows for the child to be placed in accammodation pursuant to S.22(4) of the Children's Court Act before an agreement has been reached bet\lleen the parents and the Department. AmeI'ldIrents to the CWS Act 1970 also allow for the authorised departmental officer (i .e., Regional Manager) to transfer the child or young person placed under S.35(9) to alternative acccmoodation "where he thinks it advisable to do so in the interests" of the child. Wlilst a child is placed under S.35 (9) the parents retain guardianship and so are free legally to remove the child at any time: 1.
Take a S.35 application in the nonnal way.
2.
Ensure that ilnmediate placerrent is the least detrimental alternative available to protect or provide for the child or young person.
3.
Cl>tain permission effected.
fran
the
Regional
Manager for placerrent to be
DHS.3002.381.0080
- 59 -
3.6.9
4•
Discuss the placerent with the manager of the accanrocx:iat ion.
5.
Make arrangements with the parents for the transfer of the child to the placerrent.
6.
~enever
7.
Normal procedures for assessment and resolution of the S.35 application srould then be followed. A decision srould be finaliSed within 30 days of the child's placement.
8.
The Regional Manager may authorise extended placement under S.35( 9) beyond 30 days in exceptional circumstances.
possible, a brief report of the child am family's current circumstances should be passed to the placement staff at the time of placement to assist staff in settling the child.
Cancellation of S.35 Applications At any tUne before the wardship is granted, the applicant may cancel the application: 1.
2. 3.
It is recanmended that the applicant be reques ted to wri te "CANCELLED" across the fom, adding signature arrl date. Other significant persons and organisations involved should be informed of the date of the cancellation. ~ brief report of the circumstances motivating the cancellation should be filed with the cancelled application and be noted by the Regional Manager.
The application is automatically cancelled if: 1. 2. 3. 3.6.10 3.6.10.1
child moves out of the care of an applicant woo is not the legal guardian; The child is made a ward through a Children's Court; The child leaves the State of Victoria. The
Section 35 Admissions Prior to 6 January 1982 Legal Position - The legal advice given to the Department in relation to wards admitted to the care of the Department prior to 6 January 1982 is as follows: (a) The existing Section 35 provisions do not apply retrospectively i.e. to wards admitted under section 35 prior to 6 January 1982. (b) The provisions of Section 44A dealing with review, dischan;Je am expiry of wardship do not apply to any section 35 admission whether made before or after 6 January 1982. Hence for these admissions annual review of wardship is not mandatory under law. It is departmental policy however to review the wardship of every childannually. (c) section 35 applications granted prior to 6 January 1982 are not subject to requirenents for renewal of an agreenent. 'ttle guardianship resulting fram these applications will continue until the child's 18th birthday unless discharged under the old provision for dischan;Je i.e. Section 36(2). Any such agreements that have been entered have no legal effect.
DHS.3002.381.0081
- 60 -
(d) The provision in section 35(4) enabling a parent, guardian or the Department to terminate the agreement and therefore wardship s~ly by giving 21 days notice in writing does not apply to admissions under section 35 prior to 6th January 1982. Hence the use of the Form - "Notice of Intention to Withdraw fran Agreement for a Child or Young Person to be Admitted to the care of the Department" is inappropriate in these cases, as it implies the parent has that right. 3.6.10.2
Good
1982
Practice in Relation to Section 35 Admissions Prior to 6 January
(a) As these Section 35 applications were made on a voluntary basis, due weight shoold be given to the parents' wishes about continuation or discharge; wardship should not continue longer than is essential to ensure the child's well being. (b) As in all other cases, parents should be informed of their legal position at the time of the annual review. They should be informed of the appeal procedures available to them. As a matter of policy parents are able to apply at any time to the DirectorGeneral to have their child's wardship discharged. Good practice dictates that parents shoold receive a reply to such a request within one month. 3.n.10.3
Procedures (a) Wards admitted to the care of the Department under Section 35 prior to 6 January 1982 are to be reviewed annually with a view to discharge. (b) As with all other wards parents should be invited to the review of their child's wardship. They shoold be made aware of the Director-General's power to discharge and should be involved in planning if at all possible. (c) Tb be within the spirit of the original legislation due weight should be given to the parent's wishes acknowledging the voluntary nature of the original admission. (d) Annual review of wards admitted under section 35 prior to 6 January should be carried out in the same way as all other reviews (see O1apter 5). (e) Tb discharge wardship the chairperson of the RCPC should prepare the Form - "Notification of wardship Termination" and refer it to the Regional Manager. (f) Tb continue wardship the chairperson prepares the Fonn - "wardship Continuation Certificate" and refers this to the Regional Manager. (g) Where agreanents have been entered into in an attanpt to being 5.35 applications made prior to 6 January 1982 into line with the new systan of 5.35 agreements, no further agreements or extensions are to be entered into and parents still involved are to be informed at the time of the annual review that wardship can continue without further application.
DHS.3002.381.0082
- 61 3.6.11
Appeals If the application available: (a)
Request
is rejected, the applicant has a number of options
a review of the decision by the Area Director (see Chapter
7) •
(b) (c)
Appeal against the decision to a Children's Court (see below). Seek alternative rOltes to wardship (e.g., Protection application under 5.31 or "Ireconcilable difference" application under 5.34 or 5.104).
Appeal Procedures (to Children's Court) 1. 2. 3. 4. 5.
Appeals are allowed only to the applicant. The applicant soould approach the clerk at any Children's Court and lodge an appeal. The applicant should be requested to inform the Director-General in writin;;J of his intention to appeal and the date set down for the appeal. Appellants should be assisted in seeking legal advice if they wish it. The clerk of the Children's Court soould advise of the appeal and the date for the hearing.
3.7
NCN-PAYMENT
OF MAINTENANCE
3.7.1
The Legislation 5.35 (10) of the CWS Act 1970 allows for persons in charge of children's homes to apply to the Director-General to have a Child, placed voluntarily in that hame, admitted to wardship when the child's parents are six months or more in arrears of maintenance payments to the horne. Mmissions under 5.35(10) are time limited. All 5.35 provisions except 5.35( 1) apply, therefore, agreenent needs to be made at the em of any 12 month period (3.6.4.1 and 3.6.4.2 apply). However 5.35(10) does not specifically allow for appeal against the Department's decision although it may still be possible to appeal against the decision under the Administrative Law Act 1978. S. 73( 1) (d) allows for "registered persons" of "registered tunes" to apply to have a child under their care admitted to wardship when maintenance payments fall four weeks into arrears. This section falls within Division 8 of the Act (Protection of Infants). Protection of Infants falls under the program auspice of Family Substitute care. The fo11owin;;J discussion there-fore relates only to S.35 (10) applications.
3.7.2
CUrrent Practice Section 35(10) has not been used since 1977 when one child was admitted to state guardianship in this manner. 'lbe reasons for the decline in the use of this sect ion of the Act include: (a)
the introduction in the mid-seventies of 90% salary subsidies to children's homes;
DHS.3002.381.0083
- 62 -
(b)
3.7.3
departmental policy that no child should be admitted to wardship because of the family's financial difficulties. other good reasons for admission must exist and the admission must be in the child's best interests.
Procedures 1.
Before a formal application is made by the children'S hone, the case should be assigned to a fieldworker who: investigates the parents attitudes to wardship; makes a full assessment of the desirability of wardship for the child: provides advice to the children'S home on alternative routes to wardship (if appropriate).
2.
The fieldworker, after consultation with the senior social worker, should list the case in the case plannirYJ system.
3.
If the RCPC detennines that the case should proceed, the children's hane should canplete the application forms. A ccpy of this fonn is included in Appendix 10. ("Application by a Person in Charge of a Children's Home to Admit Child or YourYJ Person to Wardship under S.35(10)" arrl "Pqreenent for a Child or Young Person to be Admitted to the care of the Department under Section 35( 2) (d)") •
4.
The
completed application arrl agreenent forms, the fieldworker's together with the RCPC's recommendation should then be f0rwarded to the Area Director. r.~port
5.
If the Area Director decides to admit the child to wardship, he completes agreemant form and then forwards all the doC\.II'lentation to the Records Centre. A ward file is raised arrl returned to the regional centre. If the application is refused, the Area Director writes "application refused" on both documents arrl signs the annotation and the documents are returned to the region for inclusion on the regional file.
6.
'ttle Area Director will write to the applicant (and the parents child, if appropriate) informirYJ of: .the decision: • the date of the decis ion; .the reasons for the decision: •alternative routes to wardship a copy of the above Agrearent.
3.8
TRANSFER
OF
GUARDIANSHIP
TO
VICTORIA
FROM
(if
apprcpriate)
OTHER STATES
'ttlis section should be read in conjunction with: Chapter 8 Chapter 9 Appendices 3, 17,18,19,20
Transfer of wardship to other states Permission for wards to travel interstate Address of interstate departments Letters to Interstate departments.
&
and includes
DHS.3002.381.0084
- 63 3.8.1
The Legislation
Under the Victorian Community welfare Services Act 1970 Section 45 (2), the Director-General may upon the request of another State declare a ward fran another State or Territory who "has entered or is about to enter Victoria" to be under his guardianship and such declaration shall for all purposes be deemed to be an order admitting the child or young person to the care of the Oepart.rrent so long as he rema.ins in Victoria. Amendments to the ~ Act 1970 now make it clear that wards admitted fran Interstate are to be reviewed each year. (s.44A(8)). These amendments do not provide for discharge of wards admitted fram Interstate as S.45(3) makes provision for dealing with discharge (see 8.3.8). Under S.44A( 7) "nothing in this Divisioo applies to or in relation to any child or young person admitted to the care of the Oepartnent pursuant to section 35 or 45". The Division referred to contains discharge provisions • S.44A(1) automatic expiry of wardship after 12 months • S.44A(4) Director-General may discharge at any tUne • S.44A(6) discharge by Court Order. New ?rocedures relating to discharge of Interstate wards are outlined in sect:ion 8.3.8.
3.8.2
Which wards can be Transferred to Victorian Guardianship? The guardianship of a transferred to Victoria. Victoria State.
3.8.3
child
fran
any
State or
Territory may be
can assume guardianship before or after the child enters this
Guidelines for Oecision-makers - Accepting Transfers The request for original State.
transfer
should
normally
be
initiated
by the
The proposed period of residency in Victoria should be substantial. If doubt exists consideration should be given to a settling in period prior to the transfer of guardianship. wardship should be used as a service of last resort. All service arrangements that may obviate the need for admission to wardship should be investigated. A full case plan for the child sIDuld be developed at the time of the decision to admit to Victorian wardship. When the child is already on home release or living independently it w::>uld be necessary to justify what benefits would accrue to the child am family fran admission, or to justify the need to retain
DHS.3002.381.0085
- 64 -
social oontrol over the child. However, news should be guided by advice from the State of origin in relation to the need for Victoria to accept guardi anship. 3.8.4
Procedures 1.
The Interstate department will normally initiate contact by phone direct to the Regional Centre. The Regional Wbrker should discuss the case briefly, outline current Departmental policy and practice, and request that the Interstate department submit a formal request to the Regional Manager. (The formal request does not need to have The Interstate department should include with a specific format) the formal request: i) a comprehensive up-to-date case report; ii) a copy of the original wardship order; and iii) a copy of the birth certificate wherever possible.
2.
Where contact is by letter to Head Office, the letter will be referred to the appropriate Regional Centre. If there is a formal request for transfer of guardianship, it should be processed as below. If the letter requests information about the current status of a ward with a view to possible transfer of guardianship, the case should be allocated as soon as possible and the enquiring Interstate office advised about expected Departmental intervention. After feedback from the Regional Centre indicating transfer is warranted, t:1e Interstate Departrrent should formally request transfer of guardianship.
3.
The RCPC should prepare a full assessment and case plan for the child, including a recamrrendation to the Regional Manager whether or not admission is appropriate.
4.
The assigned fieldworker should collect the following papers: i)
the formal request for transfer. the RCPC report, which should outline the reasons for iii) the report from Interstate; and iv) a copy of the original wardship order, birth certificate where available, and any other relevant reports. v) 3 copies of the Admission to Victorian Wardship of Interstate ward form. (Form 4818) ii)
5.
If the Regional Manager agrees that guardianship should be transferred, he should complete the Admission to Victorian Wardship of Interstate Ward form. If there is some doubt about the advisability of transfer, the fieldworker should be asked to further negotiate this with the Interstate department.
6.
One copy of the Admission fonn should be sent to the Interstate department confinning that guardianship has been accepted.
7.
The regional worker srould then write to the child/young person and/or the family advisin:J them of the canpletion of the transfer, outlinin:J the current case plan, and discussing further contact.
DHS.3002.381.0086
- 65 8.
The ranainirq which will:
documents
srould be forwarded to the Records Centre
register the case in the Transfer of Guardianship register: make up a ward file and allocate a ward number: return the file to the appropriate Regional Centre. 9. 3.8.5.
The case must be scheduled within the annual review systan.
Discharge of wards admitted under S.45 The automatic expiry of wardship after 12 months, the discharge at any time provision, and discharge by a court order indicated in S44A of the CWS Act 1970 are not applicable to wards admitted under S45. The administrative procedures outlined in Chapter 8 (section 8.3.8) must be followed when discharge of wardship is considered appropriate for these wards.
3.8.6
Extension beyond 18 years of wards admitted under S.45 S.45(3} leaves it unclear as to whether wardship for interstate wards can be extended by the Victorian Minister as can be done for Victorian wards up to 21 years of age. Wardship may be able to be extended up to the age to which it ~ld have been extended in the State where the original wardship order was made. Because of the difficulties in the legal interpretation of this section, any cases where extension beyond that normally the case in the original State is indicated, srou1d be referred to the relevant Area Director who will seek advice from the Department's Legal Unit.
3.8.7
Absconders from Interstate Agreements between the State Welfare Departments provide for the return of children to their home State with the casts being paid by the apprehending State in those cases where parents are unable to meet the costs. This agreement applies to wards and non-wards. Victoria has rot yet implemented this a;;Jreanent. for Victorian-wards.
Victoria can pay fares
It may therefore be necessary to arrarqe an admission to wardship in order to pay for the child's return home. Admission in such cases may be possible: by normal court action, instigated by police: by transfer to Victorian guardianship under S.45(2}.
Arrarqements srould be discussed with the support staff to the Area Directors at Head Office, who will usually advise on options and make travel arrarqements.
DHS.3002.381.0087
CHAPTER 4
THE PLANNING OF SERVICES FOR WARrS
8120/1
DHS.3002.381.0088
66 CHAPI'ER 4 4 .1
'!HE PLANNIN3 OF SERVICES
FeR
WAROO
WHAT IS CASE PLANNIN3? 4.1.1 4.1.2 4.1.3 4 .1 .4 4.1.5 4.1.6
case Plans The Role of the Fieldworker Re-convening Case Planning Meetings ArraOJ i OJ Leave am Acces s Supervision and Case Consultations The Case plan Pro forma
4.2
DEFINITIONS
4.3
PRINCIPLES OF CASE PLANNIN3
4.4
RESPCNSIBILITY FCR CASE PLANNIN3 AND ANNUAL RE.VIE,w 4.4.1 4.4.2 4.4.3 4.4.4 4.4.5
4.5
CONTRAcrIN3 FOR CASE SERVICES 4.5.1 4.5.2 4.5.3 4.5.4 4.5.5 4.5.6 4.5.7
4.6
General Principles TransferriOJ Responsibility to Another Region Special cases: Mobile Families Special Cases: Unattached Children Special cases: Youth Trainees
What is Contracting \'thy Contract Protecting the Client Contracts for Working Up the Case Plan Contract for Total case Plan Dmplementation Contracts for TImplementation of Part of the Case Plan YWS, Hostels, Reception and Remand Centres
THE ROLE OF THE ADCl?TICN SECl'ION IN CASE PLANNUG 4.6.1 4.6.2 4.6.3 4.6.4 4.6.5 4.6.6 4.6.7 4.6.8 4.6.9
Introduction Principles Referrals/Consultation Regional Involvement Annual Review/case Planning Referral to Approved Adoption Agencies ~-wards
Termination of wardship in Adoption cases Notifications and Pro formas
DHS.3002.381.0089
67 4.7
REGIOOAL CASE PLANNIN3 SYSTEMS 4.7.1 4.7.2 4.7.3 4.7.4 4.7.5 4.7.6
4 .8
Pre-court Intervention - Pre-court Case Planning Case allocat ion Case Assessment & Development of the Case Plan Regional Case Planning Committees Conduct iOJ the meet iOJ Follow-up to the meeting
REMAND AND ROCEPTI CN SYSTEMS 4.8.1 4.8.2 4.8.3
Procedures for Notifying to Regions Assessment of Children in Reception, Remand or Youth TrainiOJ Centre Involvement of Other Remand or Reception Centre in Case PlanniOJ
DHS.3002.381.0090
- 68 -
4.
THE
PIANNI~
OF SERVICES
Fffi
WARll3
In the early 70s, Remand and Reception Centres, as part of either the Family welfare or Youth welfare Division were totally responsible for case plannirg. '!he past four years have seen the transition of this responsibility from the Centres to the Regional Services Division. Since 1978, considerable effort has been expended in the development of structures, processes and procedures to ensure that case plannirg decisions are accountable, effective and efficient. 4.1
WHAT IS CASE
PLANNI~?
- An CNerview
In all areas of the Department's work, officers are continually makirg decisions which directly and significantly affect the lives of clients. This is particularly so with wards of State, since the Director-General assumes power of guardianship. case plannirg is the process by which decisions are made about clients. Good social work (casework) practice has always required the establishment of clear achievable goals. The term case plannirq is used to describe the process of settirq such case specific goals and decidirq upon means of achievirg them. The Departrrent of Canmuni ty Welfare Services requires that case plannirg for wards be undertaken under the auspice of decision making committees established accordirg to the policies and procedures set out in this manual. It is in this way that accountability to both the Department and to clients is achieved and some equity of service is provided.
All casework involves the making of decisions fram the point of first contact with the family or client until termination of that contact. In this sense, then, case planning is clearly an ongoing process - an ongoirq aspect of good practice. However, within the Departrrent, the term is now more generally used to refer to goal setting by committees authorised to make decisions about the future of wards of State. Between the tUne a child is admitted to State guardianship and the tUne of formalised decision making a number of tasks are required:
1------------
Admission to State Guardianship
1
I
Interim arrangements for care of the child
-------
Case Allocation Information Collection
Consultation with those affected by the plan
1
Analysis of Information and Definition of the Problem 1
Development of Proposed Solution(s)
----------------
Formalised n!cision Making 1
Dnplementation of the Plan 1
Review
I
---------
I
DHS.3002.381.0091
- 69 -
The more general conception of case planning includes those tasks listed above - information collection, analysis of that information, and problem definition (or assessment), developnent of possible plans, consultation with those affected by the planning, the decision making itself as well as subsequent monitoring and review. Use of the tenn in this more general way creates difficulties in the sense that specificity is lacking. The more restricted conception of case planning as formalised decision making is therefore used throughout this manual. 4.1.1
case Plans The outcome of the fonnalised decision making process is a case plan an action statement about how the goals in a particular case are to be achieved. The statanent includes: 1. 2. 3.
establishment of the goals (desired outcome) for child and family; identification of the changes necessary for goal achievement; specification of the activities/tasks that will result in the required changes.
In most cases, the long tenn goal is to tenninate wardship with either: or or
( rt to fieldworkers in their contact with families and other agencies: - reviewiI'¥J prCXJress towards case coals and ensuriI'¥J implementation of the plan.
DHS.3002.381.0094
- 72 -
The existence of case planning committees does not preclude the use of case consultations or case conferences which may be convened for a variety of purposes (e.g. review of roles, review of prCXJress in a particular area of the case) • Such rreetings may be convened by the fieldworker - they do not have to be conducted under the auspice of the case planning committee. 4.1.6
The Case Plan Pro Forma Fonn 4819 is a pro forma for use by the chairperson of the case planning committee in recording the outcome of the rreeting. Sections 1, 2 and 3 require specification of the long-tem goals, the changes required and the tasks to be undertaken. These sections have already been discussed above at 4.1.1. Section 2 should include specification of the desired placement (if necessary) for the child tCXJether with other care arrangements e.g. schooling. Section 4 provides for resolution of disputes that cannot be settled by the f ieldv.orker • Section 5 allows a listing of resources required including financial resources, the services of other agencies or Depart.rrental units and staff time. Arrangements for reviewing prCXJress towards case goals, should always be specified at the case planning rreeting but it is not appropriate that the Regional Case Planning Meeting undertake such reviews itself. In case planning for many families, the ideal (goal, strategies or resources) may be quite different from what is feasible. In completing the case plan pro forma, the ideal and the possible should always be distinguished. The actual case plan should of course set achievable goals.
4.2
DEFINITIOOS In order to avoid confusion amongst parties involved in case planning for wards, a canm::>n language base is essential, as is a camron understanding of the meaning of the tenns used. The following definitions/meanings soould therefore be used. 1.
Case Planning Process: ~fers to a range of activities related to the setting of case specific goals. These activities or elerrents of, the case planning process are: ( i) ( ii) (iii)
( iv) (v)
. (vi)
information collection: analysis of information and development of possible plans: consultation with those affected by the planning: decision making: rroni toring : review.
DHS.3002.381.0095
- 73 -
2.
Case plannio;;J (Formalised) : Decision makio;;J regional case plannio;;J committees.
3.
Case Plan: A case plan is an action statement about how the goals in a particular case are to be achieved. The statement includes: ( i) ( ii) ( iii)
about wards of state by
establishment of the goals (desired outcome) for the child and family: identification of shorter tenn objectives i.e. the changes necessary for goal achievement includio;;J interbn arrangements for the care of the Child: specification of the activities/tasks that will enable the required chao;;Jes.
4.
Plannio;;J Responsibility: Refers to the J;Oint in the Department Case resJ;Onsible for ensurio;;J that case plans are developed for which is wards under their supervision.
5.
Case Management:
6.
Annual Review: An examination, required by S .44A of CWS Act (1970).
7.
wardship Review:
8.
Twelve MJnthly Review:
9.
Annual Wardship Review:
10. Case Review: goals.
Case plan implerrentation of
the legal
status of a ward as
Same as annual review.
An
Same as annual review. Same as annual review.
examination
11. Case Consultation/Conference: not includio;;J case planning.
of the progress towards specified case
A meetio;;J convened for a specific purpose
12. Regional case plannio;;J committee (RCPC): A committee established according to the guidelines set out in Section 4.7.4 for the purpose of making case plans for state wards. 13. Child Assessment Panel (CAP): A committee established within an institution for the purpose of formulating a reJ;Ort on a child's physical, intellectual social and e:rotional functioning. Decisions regarding care within the institution may also be made. 14. Classification meeting: Similar to a CAP but decisions regarding placement within the institution may also be made. 4.3 PRINCIPLES OF CASE PLANNIN3 All case planning should be conducted wi thin the framework of departmental policy, as established in Ministerial Statements and other formal docunents. For the guidance of staff, the plannio;;J have been established.
following
general
principles of case
DHS.3002.381.0096
- 74 -
1.
case Planning should aUn to restore guardianship to parents whenever possible and to maintain family ties.
2.
case planning shruld ensure that the Director-General's duties and obligations as guardian of the child are fulfilled and the child's welfare is promoted.
3.
Decision making structures should be accessible to families affected by those structures.
4.
Families' rights to little as possible.
5.
Clients should at all times about their rights of appeal.
6.
Children should spend the minUnum amount of time in reception centres compatible with effective case planning.
7.
Decision making structures responsive to local needs.
8.
Decisions should be made by staff with sufficient experience ard expertise to ensure competent planning for children's futures.
9.
Decisions should available.
10.
Decision making structures should be sufficiently flexible to allow decision making as and when necessary.
11.
Decision making structures should use the minUnum resources compatible with effective case planning.
12.
Recording systans should be such that new information decisions are correctly recorded and adequately stored.
be
privacy
made
should
be prOllided with adequate information
should
on
respected ard infringed as
be
the
be
visible to the community ard
basis
of
the
best information
and
all
The following sections set out procedures for case planning that are in accord with these general principles. 4.4
4.4.1
RESPOOSIBILITY FOR CASE
PLANNI~
AND ANmAL REVIEWS
General Principles: 1. Regional services Division is responsible for all case planning matters for wards. This ult~te reSponsibility is not transferable. It is the responsibility of Regional Managers to ensure all wards assigned to their respective regions have case plans developed for them in line with the principles and procedures established in this manual. This responsibility is normally delegated to the regional case planning chairperson.
DHS.3002.381.0097
- 75 -
2.
Responsibility for any particular case will normally fall to the region in which the ward's family resides. If the plan for an adolescent is to live independently fram his parents, he would normally be considered as a separate family unit. The region in which he resides would then assume case planning responsibility. This should be negotiated by the assigned field worker with the region where the family lives.
3.
case responsibility exists at only one point in the department at a If several regional centres are involved with a family, case tUne. planning responsibility cannot be shared, but must be located with only one region. This should be negotiated between the regional workers involved.
4.
case planning responsibility cannot be abdicated unless another region has agreed to take it over. Such transfers of responsibility will occur automatically when a family moves to a new region. At the time that responsibility for case planning was transferred fram the Family and Adolescent Services Division to the Regional Services Division, a number of regions did not have RCPCs and the interests of many wards were best served by contracting responsibility for case planning to other sections of the department which were better able to provide the necessary services. lbwever, all 18 regions should now have established RCPCs according to the standards established in this manual so transfers of case planning responsibility outside the division are no longer appropriate. TO enable equity in service to all wards and their families: initial case plans must be developed by RCPCs; any major changes to case plans must be made by RCPCs; all annual reviews must be conducted by RCPCs. Contracts for other case services, including preparation for case planning and Unp1ementation of the plan, remain highly desirable in many instances.
4.4.2
Transferring ReSponsibility to Another Regional Centre/Regional Office When a family moves permanently fram one region to another, or fram sub-region to another, case planning responsibility should one normally be transferred as quickly as possible but in such a way that continuity of service delivery is disrupted as little as possible. Procedures: 1.
Fie1dworker ensures both regional and ward files are up to date. If no recent family report is on file a case summary should be prepared. The files rrust include the family's new address.
2.
If possible, the fieldworker should visit the family aoo explain the consequences of the transfer (e.g. waiting period for allocation, different resources etc). If it is not possible to visit, the fie1dworker should write to the family advising the location and phone number of the new regional office and suggesting llHmediate contact.
DHS.3002.381.0098
- 76 -
3.
The fieldworker the transfer.
should notify other involved persons/agencies of
4.
The fieldworker transfers the ward file
to
the new regional office
Bl1I'
5.
The fieldworker the new worker.
ranains
a point of contact durirg transition to
6.
A Notification of Transfer of Case Plannirg Responsibility Fonn (Appendix 32) must be forwarded to Records Centre, Head Office. A Transfer form must be leted for transfers between ionaI s Appendlx
NO TRANSFERS ARE TO BE EFFEcrm IF THE l'NNUAL REVIEW IS OOE WITHIN EIGHT WEEKS unless telephone contact is made with the new region's
RcPC chairperson and precise arrargements undertakirg the annual review are made.
for
the
new
region
In the ideal situation, the old worker should introduce the client to the new worker. It is Unportant that the effect on families of the transfer of case plannirg responsibility be kept to an absolute minllnum. In particular, families should not be faced with the imposition of different standards. The case plan developed by the previously involved region should not be charged unless the family situation altered significantly at the tirre of fOC)virg regions or llnportant new information suggests the previous case plan is no lorger appropriate. Keeping the case. case plannirg responsibility may be retained despite the family's move but must be approved and noted on file by the RCPC chairperson. Retention of responsibility may be desirable where: wardship is close to discharge; transport routes make the old office more accessible than the new. Client or worker preference is not sufficient reason for retention of case plannirg responsibility. 4.4.3
Special cases : t-t:>bile Families A number of families whose children are wards of State may be without permanent accanroodat ion or, for a varie ty of reasons, nove house frequently. In such cases, the family and child would be seriously disadvantaged if the case were transferred each time the family charged reg ions • If doubt exists about the stability of a family's residence after a nove fran a region the donor region shoold return case plannirg responsibility until the family's situation stabilises. In general, the region most able to promote the child's and family's interests
DHS.3002.381.0099
- 77 -
soould be involved at any staJe. W1en a family is highly roc>bile, the client's preference may be an appropriate factor for determining which office soould retain responsibility. Other factors include: to which region the family frequently returns: the location of other significant family members (e.g., grandparents). A decision to retain case planning responsibility must be endorsed and noted on file by the RCPC chairperson. 4.4.4
Special Cases : unattached children children will be witoout a parent or other significantly interested person. The locus of case planning responsibility in such circumstances will normally lie with the region in which the child resides. Same
The lack of an interested person may well mean the child has nol Vice Principal and/or Teaching Staff (for an education report). other relevant people may attem as required. Regional w:>rkers are I'I\OSt welcane. Each child is assigned to a Child Care Officer in his section who takes responsibility for preparing a report for the Assessment Panel. Following the meeting, the Deputy Superintendent collates the reports and prepares a S\.lmlary sheet for forwarding to the Regional W:>rker. Suggestions for future planning may be included. Regular Review rrBetings are held in each section on Tuesday morning and follOWing his assessment, each child is reviewed at approximately five weekly intervals. The purpose of this rreeting is to nonitor
DHS.3002.381.0124
- 102 -
the child's progress in Baltara as well as the development of the Regional case-Plan. Areas which are covered in the Review Meeting include behavioural management issues, sect ion placement, school prCXJranming, family contact, etc., and integration of case-managerrent areas into the case-plan. Minutes of the meeting are recorded by the Review ~eting Secretary and distributed throughout the Centre and to the Regional Office with case planning responsibility. TUrana The Turana case planning meeting is convened every Tuesday afternoon. The core of the committee is: Deputy Superintendent L & R U staff Section representatives TUrana Clinic staff Secretary At times other eepartmental staff may attend (e.g. Youth velfare Services staff, Poplar Cottage staff, regional staff). Within a few days of admission to TUrana, the young person's situation is considered at the meeting. L & R U, after consultation with the appropriate region, indicate the general case directions and the young person is subsequently placed in an appropriate section and a program dev ised for him. Three weeks after admission, the institutional case planning meeting is held and collated information is subsequently forwarded to the region. Winlaton Every young person admitted to Winlaton, whether a newly admitted ward, a ward returned to Winlaton or a trainee, is discussed within three weeks of their admission at the Winlaton Classification and Review meeting held every TUesday. A separate Review rreeting is held on Thursday mornings to ronitor the progress of girls at Winlaton. is chaired by the Deputy Superintendent (case planning) aoo atteooed by relevant youth officer staff, a teacher, Deputy SUperintendent (institutional/prCXJrammes), Liaison and Referral staff aoo, at times, ~ional or other interested community case workers.
The
~eting
cases are reviewed regularly and as often as necessary. Minutes are taken by the Classification Ganmittee Secretary aoo distributed to Regions and relevant persons in the institution. Decision making centres around case management issues such as section placement, school/work prCXJramming, behavioural management issues and leave opportunities. Options/issues concerning future planning and placement are also discussed. The Liaison aoo Referral staff play a vital role in communicating the Regional perspective of each case to the Centre as well as keeping the
DHS.3002.381.0125
- 103 -
Regional workers up to date on each you~ person's prcgress while in the Centre. When a Regional case planni~ rreeti~ is scheduled, the Deputy Superinterdent (Case Planni~) is resJ;X>nsible tor canpili~ a case planning reJ;X>rt sunmarizing inforI1'lr.:ltion about each girl and making recommendations about future plans/placement. 4.8.3
Involvement of other Residential Facilities in case Planning See also the section on contracting of case services. Other residential facilities (departIrental and voluntary) are expected to sUPJ;X>rt regional centres in case planning by providi~ written information on request, attendi~ case planni~ rreetings at times and J;X>ssible Dnplementi~ part of the case plan. It should be remembered, however, that many residential facilities will not have the supervisory structure and professionally trained staff that are available within reception/remand centres. Decisions about the involvement in the planni~ process must take account of these factors.
DHS.3002.381.0126
CHAPTER 5
ANNUAL
REVI~
DHS.3002.381.0127
104 CHAPTER 5
ANNUAL REVIE\ are issued with an II Ins trurrent of Authorisation by the Minister of Ccrrnnunity ~lfare Services ll • Many hospitals have their own guardian prior to the operation. sign such forms when necessary.
forms
to
~legated
be signed by a parent or officers are authorised to
Alternatively, a departmental form is provided in the Fonns Section (Form 4828). This should not be used in addition to hospital forms but may be used where no such form exists. Before signing operation consent forms, delegated staff should ensure, to the best of their ability, that the operation is in the child's best interests. In the same way as a good parent would do, staff should discuss the proposed rredical procedure with the practitioner a~j ascertain the risks for the child and the likely advantages. Consent forms should never be signed unless a specific procedure is being planned. So, for example, consents should not accanpany ch ildren on school excurs ions. If a school sends lune an indemnity form to be signed by a child's parent, the child's lironediate caretaker may sign and return this form. Such indemnity forms are not the sane as informed consents and should not be treated as such. The consent forms are specifically for use in situations where the delegated officer is in a position to consider the child's interest and accordingly authorise the rredical procedure. Whenever possible, parents should be consulted and involved in the medical treatment. It is important to note, however, that the Act specifically empowers the department to act whether or not the natural parents concur with the proposed treatment. 9.1.5
Contraception As legal guardian the department has a responsibility to educate and assist young people under its care in matters relating to sexuality and reproduction.
The use of contraception is one aspect of sexuality. Sexual behaviour continues to be shrouded in taboos and ignorance, canm:mly resulting in a IIlaissez-faire" approach towards a young person's sexuality as a canponent of the total person and their interactions with society. Too often professional intervention has been a problem response (e.g. to a pregnancy or sexually acting out behaviour) rather than a
DHS.3002.381.0180
- 153 planned, educative arrl supportive involvement with the young person through a development phase. It is stressed that contraception is the responsibility of both male and female adolescents, and should not focus only on the young woman's role. (a)
Legal Issues discussed in Sect ion 9.1, no law specif ically covers the age at which a young person may legally consent to medical procedures. Most doctors will therefore use discretion in whether or not guardians are involved in decisions about medical procedures, including the provision of contraceptive assistance. As
Minors are entitled to purchase any registered contraceptive devices (e.g. condoms, foams, jellies) that are normally available to the adult population. Minors may also obtain restricted substances (various forms of the pill) on prescription. Although no law specifically relates to the provision of contraception to minors some doctors believe the CrUnes Act may be relevant in that it details the age of consent to sexual intercourse (16 for girls). The Legal Resources Pock believes this view" appears to account for much hes i tancy on the part of the medical profession when it comes to birth control services to young people ••• it is difficult to see how such a prosecution would succeed (unless perhaps, the girl am her boyfrierrl had a joint consultation)." The absence of legislation specific to the use of medical contraceptives by female minors enables an imividualistic approach to be taken in each si tuat ion. However, it also leaves the way open for a wide discrepancy in the quality of service to the young people involved. Oamforting though precise legal rules might be in this area, they would however, have the disadvantage of inflexibility. A doctor who acts with his patient's consent, according to his conscientious assessment of the patient's interests, has little to fear fram the law. In preparing guidelines for the use of contraception by young people under the guardianship of the Departrrent, an attempt has been made to maintain a shnilar level of flexibility. In order to facilitate a high standard am equitable service, emphasis stnuld be given to the imp:>rtant educative role of the Departrrent whose resp:>nsibility is to provide services to its clients as a "good parent" would. (b)
Procedural guidelines: (i)
Advising the young person. The case planning rreeting should assign responsibility for educating am advising
DHS.3002.381.0181
- 154 the young person in relation to their sexuality and contraceptive needs. This task may be undertaken by the parents, the child's caretaker, the fieldworker, a school teacher or some other significant person in the young person's life. A young person's preference in using contraception must always be honoured. Contraception must never woman against her wishes. (ii)
be
administered to a young
Involving the parents. Ideally, parents should be involved in planning for the young person's welfare and future. But this needs to be ~ighed against the young person's rights to confidentiality and privacy. If the young person is opp:>sed to parents knowing of plans to utilise contraceptive measures, their wishes should normally be respected.
(iii) Referral to medical practitioner. A wide range of family planning services exist and the yourtJ per-son should be assisted in choosing an appropriate service. Supp:>rt in following through on the consultation may be necessary. (iv)
(v)
(c)
Signing consents. For certain forms of contraception (e.g. IUD insertion, prescription for the pill) the doctor may wish a signed consent from the guardian. Form 4828 should be used for this purpose and should be signed by the Regional Manager after ascertaining that such treatment is in the yourtJ person's interest. Disputes. Any disagreements between the part ies involved in a case should be handled accor-dirtJ to the arbitration mechanisms set out in Chapter 7.
Use of Dep:> Provera Depa PrOlJera is classified as an expedmental drug because its effects on the human body have been insufficiently tested and evaluated. It is imperative that the young person for whan it is prescribed understands this, together with the drug's known advantages and p:>ssible disadvantages. Before proceeding with the administration of Depa Provera the following procedures are to be followed: (i)
Ensure that the yourtJ contraceptive alternatives.
. woman
has
explored
all
(ii)
The young woman should read and sign the Informed Consent for Depa PrOlJera (Form 4829). This IMy be difficult for some young women to understand so the 'NOrker must ensure that the girl comprehends what she is signing.
DHS.3002.381.0182
- 155 ( i i i)
(iv) (v) (vi) 9.1.6
The parents' consent sh::>u1d be sought on Form 4829. Under 5.199(2) the department has authority to override the parents' wishes if this is in the young pe rson' s interest. The physician sh::>u1d complete the medical certification on Form 4829. The Regional Manager sh::>uld complete a Consent to Operation form (Form 4828 and Form 4829). Copies of the form sh::>uld be placed on lx>th the ward and regional files.
Pregnancy Termination (a)
Legal Issues The following discussion on the law relating to pregnancy termination is reprinted, with permission, from the Legal Resources Book, 2nd-edition, 1981. "The Royal commission on Human Relationships in its final report found that a significant percentage of girls having abortions are under 16. In Victoria it is cammon practice for girls under 16 -to be required to have either parental consent or a psychiatric referral. However this is not always the case and it is impossible to assess lx>w many abortions are performed with few questions being asked. Many doctors will refuse to perform an abortion on a girl under 18 witoout parental consent. The reason for such hesitancy and inconsistency on the part of Victorian cbctors is that the law is on its face, very restrictive and it may be difficult to obtain an abortion whether you are an unmarried 15 year old, a married mother of two or a menopausal 42 year old. Section 65 of the Crimes Act (Victoria) provides that it is a felony to procure or attempt to procure an abortion unlawfully. In R. V. Davidson (1969) VR 667 Mr Justice Menhennitt ruled: "the relevant law in relation to unlawfulness is as follows: For the use of an instrument with intent to procure a miscarriage to be lawful the accused must have lx>nestly believed on reasonable ground that the act cbne by him was: (a)
(b)
necessary to preserve the worran fran a serious danger to her life or her physical or mental health (not being merely the normal dangers of pregnancy and childbirth) which continuance of the pregnancy would entail; and in the circumstances not out of prO{;X)rtion to the danger to be averted."
There have been no further cases decided on this t;X>int, and phrases such as "physical or rental heatlh" have not been further explained."
DHS.3002.381.0183
- 156 The Australian Medical Association (Victorian Branch) uses the following guidelines for practice: "It is advised that the following steps be taken in circumstances where a medical practitioner considers it necessary that a pregnancy soould be tenninated for adequate rredical reasons: 1.
A second medical opinion should be obtained in writirq, preferably that of a practitioner in the appropriate specialty, not associated professionally with the referring doctor. Generally the second rredical opinion is required to be that of a psychiatrist. (ref Menhennit ruling - danger to physical or mental health.)
2.
If the patient is married, consent of both husbam am wife should be obtained in writirq. Verbal consent is equally valid but may be much more difficult to prove soould this becare necessary. If the husbam' s consent is not obta ined , it is fX)ssible that he may have a civil claim for damages against the doctor. Where the husband unreasonably withholds consent am the doctor believes that continuation of the pregnancy will seriously endanger the health of the wife, he may incur no liability if he tenninates the pregnancy with the wife's consent alone, but in such a case he should take particular care to comply with all other requirements.
3.
The operation should be carried out in a hospital registered under the provisions of the Hospitals and Charities Act.
4.
The medical superintendent or the matron of the hospital at which the operation is to be carried out soould be fully informed of the circumstances, and of the names of practitioners who have advised that pregnancy be tenninated. All corresfX)ndence relatirq thereto should be retained by the doctor, as these are conf idental and personal records about his patient."
Decisions made regarding the tennination of the pregnancy of a young woman who is a ward of the DCWS are made in the context of t'WO sections of the CWS Act 1970: 5.41, the "good parent" provlslons and 5.199, which allows the Director-General, as guardian of the child, to consent to surgical procedures. Decisions regarding "termination" must take account of: The inalienable personal rights of the young woman. Her wishes in the matter are paramount. The right of the young ward to receive equivalent medical services to those available to non-wards. Promoting the interests of the child. (b)
Counselling the young v.aran The fieldworker resfX)nsible for the case must ensure that comprehensive counselling is available to the young ward to
DHS.3002.381.0184
- 157 assist her in her decision. 'nle fieldw::>rker mayor may not be the appropriate counsellor but must ensure the service is prOllided. A number of factors soould be considered. The effects on a very yourYJ YQTan in beccrni~ a motrer can be traumatic to her aoo the baby. 'ttlose involved in an assessrent of a yourYJ YQTan should be careful to consider all social factors, includi~ age. 'nle religious background of the young woman together with the degree of her present religious camrrdtment should be investigated. Consideration sl"nuld be given to herchurch's teachings aoo her own developi~ noral code. It is impJrtant not to OIIerlook the young wcrnan's ethics concerni~ the unborn child. Spiritual counselli~ should always be offered to the you~ woman aoo arrarqed if she wishes. The dynamics of the young wcrnan's relationship with her parents and how these factors influence her attitudes towards bearing a child soould be considered. Her parentirq skills may be underdeveloped and she may need education and sUppJrt to equip her for child rearirq. The attitude aoo wishes of the young woman's parents soould be taken into account especially when the young woman is less than 16 years. The young w:man's supervisi~ worker may well be required to act as the advocate if the parents try to override the young wanan's opinion, or the plan that the young wanan ard the worker consider to be in the young woman's best interests. The Department may dispense with the consent of natural parents if the yourYJ ward desires a termination and the termination is judged to be in her best interests. The relationship with, and attitudes of, the putative fatrer may be difficult to investigate if the putative father is not known to the young YQTan. 'nle young YQTan may be genuinely uncertain as to his identity. If she is under 16 or he is 16 years or over, or she is 16 years or 17 years and he is 21 years or over she may fear the [:OSsibility of carnal knowledge charges beirq laid against him and therefore wish to conceal his identity. Ethnic aoo sub-cultural attitudes to termination of pregnancy, motherhood and single parenting should be taken into account in coonsellirq • Individual problems that may affect the pregnancy e.g. diabetic and heart conditions, should be discussed. If a termination is bei~ considered, implications for future child bearirq must be assessed. If the pregnancy has reached the secooo trimester (three - six months), greater risk is involved. r-b:3t ooctors are reluctant to abort in the second trLmester because of the high risk to the patient's life. Make sure the young woman has a factual base for decision makirq. interview wi th an adopt ion w::>rker may be helpful. It should be reco;Jnised that Moption workers will canvass all the alternatives and not just focus on adoption.
An
DHS.3002.381.0185
- 158 Given the sensitivity and societal taboos surrounding the matter of incest, such a situation would need to be handled carefully and sensitively. Genetic counselling would be an appropriate specialist area for consultation before coming to a decision regarding tennination. Irrespective of the young ward's social and intellectual skills, her wishes in the matter are the determining factor. (c)
Procedures (i)
Counselling should be arranged for the young woman and the parents involved in the decision, if possible.
(ii)
If the ward wishes to proceed with a tennination, she should complete and sign the consent fonn (Form 4830).
(iii) The [Xlrents' written consent srould also be obtained (Form 4830) but the Department may act without parental consent in the interests of the ward. (iv)
The fieldworker should prepare a written ~eport for the Area Director. The report srould cOller the issues raised in the discussion of counselling (9.1.6(b» above. It srould focus on an assessment of the young woman's personal and social situation, explaining how she has ~eached the decision to have her pregnancy tenninated.
(v)
The Area Director, after ensuring all procedures have been carefully followed srould sign a consent to operation fonn (Form 4828 and Form 4830) and return the report and consent to the relevant regional office.
(vi)
The assigned fieldworker should assist the ward in obtaining suitable medical treatment, if necessary. Needless to say, all procedures must be swiftly completed to enable the tennination to take place at the earliest opportunity.
(d)
Follow Up It is rrost important that suPtnrt services are prOllided to the ward following the pregnancy termination. It is the fieldworker's responsibility to ensure that the young woman has the necessary supports to enable her to cope with the tennination itself and to cope with any difficulties that arise as a result of the termination.
9.1. 7
Psychiatric and Psychological Treatment (a)
General information guardian of children who are wards, the Department stands in loco parentis and hence is responsible for their welfare, including the prOllision of appropriate referrals for psychological and psychiatric assessments and treatments.
As
DHS.3002.381.0186
- 159 In certain circumstances such referrals may be subject to court orders. Where this is not the case, psychiatric and psychological referrals should always be made in the'context of the case plan, but flexibility must be retained to enable referrals to be made as and when appropriate. The following general discussion of services for children is reproduced fram the Victorian Health commission's document on Psychiatric Services for Children and Families, 1 May 1981. "Olildren's emotional problems are very diverse. Most problems arise within the context of family disturbance and can best be dealt with in the course of dealing with these other family In such cases it is preferable also for the worker problems. dealing with the family to manage those aspects pertaining to the children: referral of children for child psychiatric management can be deleterious to the management of the family because of the fragmentation of care that occurs when parents are also seen at the child psychiatric service. Most cases can be managed within the family context, but if there is a need for additional psychiatric input it is preferable in the first instance for the worker to obtain this by consultation rather than ilnmediate referral. Referral may follow later, but may prove unnecessary. SECONDARY OONSULTATIa.:!, in vtlich the worker discusses the case with a psychiatrist without the child or family being seen by the psychiatrist, is a service vtlich can be arranged at a wide range of general psychiatric services throughout the State. This is likely to assist with the majority of cases being dealt 'Nith effectively at the local level. However, if necessary, contact can be made with the Specialist Child Psychiatric Clinic serving the Region. PRIMARY CONSULTATION, in which the child and family are seen by the child psychiatric staff in conjunction with the worker managing the case, can be arranged at the Specialist Child Psychiatric Services which are generally only available in the Melbourne metropolitan area. In addition to psychiatric consultation, it is also sometimes relevant to consult with specialists in mental retardation. When residential treatment programs are necessary there is no centralised admission procedure and direct negotiations have to be undertaken with the facility seen as most appropriate for the needs of the case. Residential programs mayor may not have an associated psychiatric service: if not, it may be relevant to make the residential arrangements in conjunction with the consultative process to maximise the effectiveness of the program." Referrals should not be made on an autanat ic bas is, but accordi ng to case indicators. Factors which suggest referral may be appropriate include: • bizarre behaviour: • epilepsy and/or severe head trauma:
DHS.3002.381.0187
- 160 • • • • • •
severe depression; suicidal attempts or tendencies; recent extensive psychiatric involvement; evidence of significant family pathology; mental retardation (if not previously investigated); nature of offences (e.g. arson, sexual offences, drug related offending).
As with other medical treatment, young people of 16 years or more have the right to refuse to see a psychiatrist. This right may be OIJerridden by the Departrrent (by virtue of 5.199(1) of the CWS Act 1970) orde?ing a medical examination for the purpose of assessment only. Psychiatric examination against the young person's wishes should not be undertaken lightly.
If parents want to have their child referred to a psychiatrist the same procedures set out below should apply but the fieldworker must first ensure that such a referral is appropriate and desirable. If the parents' request is refused they should be advised of their right to seek a review of this decision (see Chapter 7). Referral to psychiatric or psychological services is nonnally the responsibility of the assigned fieldworkers. Such referrals do not need the authorisation of case planning meetings but should be discussed with the supervising worker. other agencies or workers involved in a case should arrange referrals only after consultation with, and the approval of the fieldworker. Disputes in this matter should be handled according to the arbitration mechanisms set out in Chapter 7. (b)
Referrals fran Reception or Remand Centres Although responsibility for referrals normally lies with the fieldworker such a procedure may be unwieldy and Unpractical for wards in Reception or Remand Centres, particularly in an emergency. Frequently, such referrals consist of informal discussions between psychiatrist and section staff regarding problems of managing the child's behaviour within the institution. TO ensure rapid service delivery to wards, staff in Reception or Remand Centres should arrange assessments of children where they seem indicated. The fieldworker should be notified and a copy of the assessment forwarded to the regional office. This is most Unportant as case planning goals and strategies may require modification in the light of this assessment. If ongoing treatment is recommended by the psychologist or psychiatrist, the fieldworker's apprOlJal should be sought. Any disagreements should be handled according to the arbitration mechanisms established in Chapter 7.
DHS.3002.381.0188
- 161 (c)
Relea se of Inform ation - Cbnfi dentia lity The Department is curre ntly examining the statu s of its own repor ts and repor ts prepa red by other organ isatio ns in the light of the Freedom of Infoo nation legisl ation . Perrlin g furthe guide lines in this area, the follow ing proce dures should r be follow ed. Staff fran other organ isatio ns have the right to reque st that they autho rise any releas e of their repor ts outsid e the Depar tment. The statu s of ,these cbcuments is nonna ted by readin g them with a comment that they are not tollybe indica releas ed witho ut autho risati on of the write r. In partic ular, it is respo nsibi lity of case plann ing meetin g chairp erson s to see the that this condi tion is upheld regard ing clien ts arrl famil ies in case plann ing meeti ngs. Non-d epartm ental staff should use such class ificat ions of their repor ts with discre tion as this make the system more worka ble and their rights bette r respec will ted. Repor ts fram clinic staff writte n for the Child ren's Court fall into the satre categ ory. Depar tment al staff will co-o~ rate in their canpi lation but, as with any other psych iatric hological repor ts, their releas e must be autho rised by the /psyc write r. It is recommended that court repor ts be stamped to this effec t to avoid inadv ertent misus e.
l·j)
Refer ral part of their servic es, the psych iatris t or psych ologis t may refer the child or family on to anoth er speci alist. The fieldw orker should alway s be notifi ed of such refer rals and appro val sough t. As
9.2
TRAVEL CONSENrS
When trave l plans are be ing made, the depart.Irent must ensur e, as far as possi ble, the safety and well-b eing of a ward. Proce dures design ed to prote ct wards who are trave lling are set out below. They cover schoo l excur sions and inters tate and overs eas trave l by wards . Trans fer of guard iansh ip when a ward leave s Victo ria is covere d in Chapt er 8. Inform ation about the fundifVJ of trave l for wards can be found in the Regio nal Servi ces Divis ion Finan cial Servi ces Manual. This maCUla l should be consu lted prior to any trave l arrang ement s beifVJ finali sed as funds for trave l purpo ses are limite d. 9.2.1
Schoo l excur sions , [By Oltirg s, camps and B:>lidays Norma lly, care srould be taken not to single out or unnec essari ly ident ify wards at schoo l. Proce dures design ed by the schoo l to obtain paren tal conse nt for schoo l excur sions should theref ore nonna lly be consid ered appro priate for wards . The child 's careta ker should assume respo nsibi lity for: (a) (b) (c)
check ing on the safety of the excur sions; decid ing the child will benef it fram the excursions~ canpl eting any forms requir ed by the schoo l.
DHS.3002.381.0189
- 162 Day ootin;;ls with friends or other organisations (e.g. Scoots) srould also be arranged and approved by the child's immediate caretaker. The caretaker must ensure that such outin;;ls do not clash with parental visits or other family contact. The child's caretaker also has autrority excursions, holidays with friends, school followin;;l checks are made: (a) (b) (c) (d)
the the the the
excursion excursion excursion excursion
must must must must
to consent to overnight camps etc provided the
be supervised by a responsible adult; be suitable for the child;
not clash with parental/family visits; be within Victoria.
The ch ild ' s caretaker srould sign the foon sent heme fran the school includin;;J any section autrorisin:) errergency medical treatrrent. "As discussed in the section on medical consents (9.1) teachers may act as "agents of necessity" in an errergency and doctors will intervene wi trout parental consent in such an emergency. The school fonns are not consents for specific treatrrent and do not require the Regional Manager's autrorisation. If funds are required for the excursion, the child's caretaker should check beforehand with the regional office that the cost can be covered. Any other difficulties that arise should be referred to the assigned f iel.dVtDrker. Sane agencies arran:)e for children to have "pennanent" holiday hosts durin:) their period in care. Holiday hosts can offer children a range of experiences that may not be available within the instituion or the family home. In such situations children may well benefit fram the introduction of roliday rosts. However, any such arrangements must complerrent or assist the achieverrent of case goals. To ensure this is the case, the involvement of roliday hosts must have specific sanction of a case plannin;;l rreeting. This should ensure that visits to holiday hosts do not interfere with family contact or in any way inhibit planned restoration of the child to the family. 9.2.2
Interstate Travel Legal autrority over a Victorian ward is significantly diminished when the ward leaves the State. For example, return to custodial care cannot be effected easily as the Director-General's autrority does not extend beyond State boundaries. (It may be possible to execute our warrants to apprehend wards (S.83A and S.llOA) in another State under the Commonwealth Service and Execution of Process Act 1901. Consult the Legal Assistant about this if it is considered appropriate.) For this reason all decisions regardin;;l interstate travel must take accoont of the likely nnplications for the ward of reduced/elbninated departmental involverrent and responsibility. the planned interstate travel is short-tenn only (e.g. holidays, school camps) and no doubt as to the child's return exists, the reduced autrority of the department is of no great significance. If
~en
DHS.3002.381.0190
- 163 the rrove interstate is for an imeterminate period or sitive toward placem ent. - Best suited to single tons who are reason ably intac t (due to diffic ulty obtain ing placer rents for nnre than two child ren). - Requi res capac ity on the part of child to devel op/ma intain same relati onshi p with the reason able inten sity of a family situat ion - Age range pr~rily 0-11 years though pilot programme in W9sternp::>rt re adole scent foste r care/ priva te board . - Ideall y involv es regul ar natur al paren t conta ct with long teen plan toward home releas e, but can be consid ered in otoor situat ions • - Speci fic applic ations eg fram Holida y Hosts , should not be enter tained unles s case plan is clear ly for foste r care. Note also the high failur e rate of speci fic placem ents up to 70%. - Age range 3-18 years though usual ly between 3 and 12 years at the time of placem ent, unles s member of a siblin g group . Note that it is not usual ly possi ble to make initia l placer rent in the 13+ age groop due to consi stent diffic ulties exper ienced as a resul t of displa cing other childr en within a given unit partic ularly the oldes t child . Also aim for two year cge gap between each of the young peopl e in any uni t. - Hare
is for the child (ren) :
care provi ders broog ht in
- Prefer ence given to siblin g groop s: - Oppor tunity to develo p signi fican t relati onshi ps, secur ity with Cottcg e Paren ts, and other child ren. - partic ipatio n in exper iences offere d by the community. - Does not allow for reprod uction and ecamamic stabi lity of the unit in the same way as a natur al family , i.e. there is some artifi ciali ty which needs to be recog nised . . - Note that A3Hs have tended to fill a void create d by lack of foste r care placem ents, partic ularly for siblin g group s, or where natur al paren ts are too threat ened by foste r placer rent.
DHS.3002.381.0223
- 194 -
OPrlOO
DISaJSSlOO
campus Cot taJe
- Wide age rarqe though not usually suited to very youl'l:J children - Same snnilarities to Family Group Harne but usually less intense relationships with staff due to number of children per cottage ard/or use of additional child care workers and relievil'l:J staff as most units cater for more difficult children - May offer "inside school" - Opportunity to place siblil'l:Js in proximity where rivalries boo great for placement in the same cottage. - Wide age ral'l:Je though not ideal for children less than primary school age - Rotatil'l:J staff in hane is for child ard staff, ie for management purposes decisions are often made on balance between staff and child's needs - Suited to some behaviourally disturbed children where inability to tolerate more consistent/close relationships - Has been used for large siblil'l:J groups where lack of other appropriate vacancies, but is not generally the option of first preference for
Corqregate Care eg A11arnbie
I110ura Hillside
same.
Specialist Facility eg for a particular hardicap such as severe mental retardation, or special needs including aggressive actil'l:J out, habitual absconding, severe schooling problems etc.
-
Hostel
- Usually focused on 14 plus aJe group am sometimes offending population - PrClllides half-way point between Youth welfare service and community/private board placement - More structured situation for young people requ1r11'l:J more supervision or expertise in harolil'l:J than can be offered in private board. - Almcst always a "steppil'l:J stone" to further accammodation arral'l:Jement ard one phase of fuller case plan. - Often prClllides basis for experience/confidence necessary to cope in shared flat accommodation. - Useful link point when stabilisil'l:J in employment, gives "security" rather than boo much change at once, sane firo it slightly "institutional" setting.
Wide age range Staff intensive Offers opportunity for intensive remedial work May be steppil'l:J stone to further placement Sometimes established within a campus situation which may also afford an "inside school" placement.
DHS.3002.381.0224
- 195 DISCUSIOO
OPTIOO
Youth \ol age children at risk of Admission to Care. - Provide day and/or afternoon and/or evening programnes. - May have residential or other associated substitute care component. - Focus is on re-socialisation/cammunity treatment as an alternative to Youth Training Centre or similar care. - May have associated education or ....urk experience progranmes.
Private Board - with family - with young couple - with older single parent eg widow
- Usually 14 plus ege groop (sane OIlerlap with adolescent fester care where young person is between 14 and 16 years). - Provides increased independence with a family like situation trough usually without the same expectations re involvenent in .. family" outings etc or wi th natural parents as may ocrur in fester care. - Often requires regular nonitoring, supr;x:>rt to maintain for longer term situation.
Flatting - Shared - Single
- Usually 16 plus age groop - Difficult to supr;x:>rt financially fran State Government based sources. - PrOllides opr;x:>rtunity to develop increased independence/test out survival skills, eg re budgetting, cooking etc.
Youth Training Centre e.g. Malmsbury ) Iangi Kal Kal ) 17+
- Usually 15 plus age groop under sentence fran Children's Magistrates Court
Bayswater YTC Turana
)
) 15+
AOOPrIOO
- General (0-2 years) - Special Needs Includes older age and handicapped (emotional am phys ical )
- More major intervention geared toward practical training in a situation of same isolation fran community/families trough same visiting rights. - Usually 0 -14 years - Involves transfer of guardianship - usually after 6-12 months placenent with adoptive family - General expectation that contact wi th natural family will not continue after placement unless older, eg primary school age child, when contact may continue with siblings, significant others - May be appropriate where strong family rejection or no family contact, thoogh in general it is only when a child has resolved his relationship with his original family that he/she can form an identification with a new one.
DHS.3002.381.0225
- 196 DISCUSSION
OPI'ION COOSULTATION/CASE PLANNING (2)
Establish Case Plan Utilise consultation with Senior Social Worker and/or Chairperson of ward Review Panel for discussion of action plan particulary if changes in placement are contemplated. Note that aim is to make decision making process, consideration of options etc as explicit as possible including re options considered but not available or inappropriate
N:>te that these rrechanisms may be exparrled where appropriate to include other agencies and/or family/child where appropriate. '!his is particulary important prior to the first ward Review rreeting (six weeks after Adrrdssion to care) when other consultants, eg Adoptions Section Vbrker, speCialist staff fran Reception Centres, Regional Supervisor of Children's arrl Youth Services may also be involved jointly in discussion with the field worker and supervising Senior Social Vbrker. case planning responsibili ty however, remains with the region.
DHS.3002.381.0226
- 197 IMPLEMENl'ATIOO PHASE TASK ~RKER
ROLE DIFFERENl'IATIOO
As previously, ensure clear differentiation of roles with other workers/agencies involved, eg allocation of primary arrl secondary worker roles.
DIsaJSSIOO PRIMARY ~RKER( S)
- Oo-ordinates bnplementation of agreed case plan - Responsible for negotiation of chal'l'Jes in access/leave arrangements - Maintains regular contact with family and child and facilitates movement toward home release or otherwise as appropriate. - Responsible for preparillJ reports or other liaison with secorrlary workers that it is not essential that - Note Departmental worker take this role. SErker to m::mitor/supr;ort when child is home released to ensure child's needs are being adequately met. - Co-ordinate/liaise with other agencies as appropriate - W:>rk toward Discharge of wardship (usually 6-12 months after Home Release if situation is positive and stable). - Initial discussion with Regional Supervisor of Children'S and youth Services regardillJ current vacancies etc arrl to ensure appropriate priority between competing regional placement requests
DHS.3002.381.0227
- 198 -
IMPLEMENI'ATICN PHASE TASK
DISCUSSION - Preparation of background report (if not forwarding to already available) for agency(s) as a basis for placenent discussion - May also be appropriate to consider meeting with agency staff to discuss situation, goals of placement; expectations re lNeekend and holiday leave etc, if agency not involved in First ward Review Meeting discussion.
INI'roDUCI'IOO PROCESS with a view to assisting transition from Reception Centre to negotiated placement (This should be co-ordinated by fieldworker or primary worker. )
OR SUBSEX;)UENT SUBSTITUTE CARE PIACEMENl'
MONITORI~ EXISTI~
- Staff from the relevant agency, eg Cottage Mother or foster parents, visit child at Reception Centre. - May also utilise opportunity for discussion with child care staff who have been directly involved with child. - Child visits foster hame, residential unit as applicable one or tv.o days later, perhaps staying for a meal. (May be accompanied by Child Care Officer from Allambie.) - Child has an overnight stay at foster home or unit one or tv.o days later. - May be appropriate to consider subsequent visit by a significant person from the Reception Centre, and/or return visit by child for one or two hours approximately one to two m:mths later depending on situation. This area requires sensitive handling bearing in mind worker role differentiation previously decided, and that historically little significance or emphasis was placed by the Department on direct contact with young people in substitute care. It should be borne in mind that same agencies' policy(s) require that all contact be negotiated thrcugh the Senior Social WOrker or Superintendent and that the level of contact will depend upon: - WOrker's previous contact with/knowledge of ch ild and family. - Anticipated length and goals of placement, eg whether v.orking toward Heme Release or not. - Length of time worker intends remaining with the department (as it is confusing for child to have a number of one up visits from different v.orkers) etc.
..
DHS.3002.381.0228
- 199 IMPIDtENTATIOO PHASE DISQJSSIOO
TASK
In general, visits should also involve clear, communication with the child care staff regardirYJ the purpose of the visit am areas cOl7ered in discussion, so that they can respom appropriately to the child's questions or camnents subsequently. It may also be appropriate to see the child jointly with the child care 'h'Orker for at least part of the visit, am discussions with the child should be fairly brief (dependirYJ on the CkJe of the child) and purpose directed: eg infonnation seekirYJ; developirYJ relationship with a view to supportirYJ child on home release or over holiday placement; independent assessment of child's level of funct ionirYJ etc.
Note that children can often manipulate or misinterpret the above and a follow up prone discussion with the social worker responsible for the day to day managenent of the uni t rBJardirYJ areas cOl7ered, impressions etc, will greatly assist the value of this monitoring contact.
EVAllJATICN/REVIEW AND/OR TERMINATIOO PHASE
TASK REVIEW OF CASE PLAN AND EVALUATIOO OF GOALS, mRKERS ROLES ETC.
DISaJSSIOO
Vb i 1st case plannirYJ and review processes (2) require appropriate linkirYJ, it is important that they not be confused or nerged. In essence the Anrual Review (Section 44A) in particular must evaluate whether wardship continues to be the option of least damage to the yourYJ person and/or family.
DHS.3002.381.0229
- 200 PAPER NO.3 EXTRACl'S FROM IN':I:':£, Donna' INTroDUcrICN TO ~RK IN THE CHILJ:REN'S HCMES SEcrICN, F.W.D.' (Staff Manual, Children's Homes Section, 1972) FAMILIES, CHILDREN, HOMES AND THE DEPARTMENT
we must never forget that the relationship of parents and their children involves same of the strongest of all human emotions and that the State's authoritarian intervention (of which we are a part) in this field automatically produces a wide variety of intense reactions. It is fundamentally important for staff in this Department to appreciate something of these if contact with families is to have any worthwhile content. Reactions to admission mirror to a large extent the life-style, experience personality and expectations of both parents and children. The reason for admission will likewise colour reactions - the admission of an offending adolescent may cause a respectable family intense distress while a more delinquently-oriented family may see in their own son's admission only a mild but inevitable misfortune. It will be remembered that admission will usually involve a crisis situation and that the people concerned will often have a long history of hazardous living. Many of them will have ingrained attitudes of bitterness and frustration at what they see as an q>pressive world, others will be exhausted by misfortune, others will have long histories of mental ill-health, marital instability and poverty. Sane will be basically affectionless, others irrunature and unable to carry responsibility. A significant proportion will be themselves mentally retarded and unable to cope with life'S complexities. Others again will have had early experiences in old fashioned, badly run children's homes. Same will be actively hostile, anti-social, ready to channel their hatred against all concerned in the continued absence of their children. Parental reactions to admission may include any permutation of emotion depending on the circumstances of the admission, the treatment they receive fram reception centre and Court staff and their own personalities. Same examples would include: - bewildennent as to why their children were removed campounded by ignorance of the procedures involved; - helplessness, in the face of the above; - fear of the unknown for themselves and the children; - fear, grief, shame, guilt; - anger, expressed either directly to the authorities concerned or used indirectly to persuade their children to abscond or "play up" so that they will be sent home; - depressed flatness; hopelessness; - resignation to the inevitable - a dangerous reaction as it can lead to the parent just falling out of the child's life; - relief, when the strain of an unbearable situation has at last been resolved or when an unmanageable child has been removed; - satisfaction, when a rejected child or children has been removed; - pleasure in regaining one's freedom without the responsibility of one's children, seen especially in the irrunature and affectionless parent.
DHS.3002.381.0230
- 201 -
It soould be remembered that the tens ions of admission may go far beyom the nuclear family~ whole families can be set at lcggerheads as each branch blanes the other for 'losiDJ' the children. Children's reactions will vary, like the parents, accordiDJ to life experiences am reason for admission, but age will also play a part. Examples of their reactions may include: - distress caused by the experiences involved in the actual physical removal from their normal environment: - bewilderment at the total chaDJe of life-style as they roove from family to Reception Centre to congregate care: - grief over the loss of parent figures, especially noticeable in the toddler age-group in which affections have been formed but understanding is undeveloped: - guilt stricken belief that their own behaviour has caused the family breakdown (and consequent depressi?n): - loss of self-esteem at parents' desertion - "there must be samethiDJ wrong wi th me when even my roother doesn I t want me"; - worry, by responsible older children as to how an alcoholic or sickly parent will manage without their help; - relief am pleasure in being with kindly adults in physically comfortable surroundings, where the previous experience has been of violent discomfort am callous handling: - the "tough man" approach - "I'm not going to stick aroond this joint and be pushed around", "How do yoo bust outa here?"; - flight - the absconder - "when in doubt, get out": - hostility to everyone in the new setting expressed angry withdrawal or alternatively in butteriDJ up the staff for desired ends; - apprehension - "what's this place really like?" the most canrcon reaction am one which in reasonably intact children subsides as they get to know staff and take part in activities. It is well to remember that children in reception centres are liviDJ a rather truncated life - they have been cut off from all they have known to date am do not know what the future will hold. Many will develop quite dramatically in both their physical and their emotional health during a few months stay in a reception centre as physical care and emotional stbnulus are both given as much attention as possible, but the constant roovement of children into and out of reception centres makes them too unstable and emotionally drainiDJ to be good places for 10DJ stays. There is also a rather high degree of anxiety among reception centre children as all are there peming same major roove and there tends to be an anxiety-provoking folklore subculture about the varioos long-stay hones which can be upsetting.
DHS.3002.381.0231
- 202 -
Attitudes to the Department will, like the reaction to the initial admdssion, reflect the experiences am lifestyle of the parents concernErl, but there is likely to be in all cases a carmon substratun of apprehension. It is im{X>rtant to remember that the rrore helpless sections of the camnunity have an irgrained fear of any institution which holds people against their will. Viewed historically, this feelirg is entirely understamable as the deviant {X>or have always tended to be penalised by beirg "put away" rrore often than have well-todo deviant groops. Mental hosptials am organisations like our own have been especially feared. Firstly, it is assumed that such organisations actually want to keep their innates am sanehow get satisfaction fran doirg so. Secomly, their criteria for continued institutionalisation are harder to understam than hospital or gaol placements, where there is a deIronstrable physical ailment to be cured or a known sentence to be served. 1hirdly, release fran the institution is based on an administrative decision against which there can be only limited appeal, so that there is rrore roan for feelirg that decisions are unjust am arbitrary. All these factors are canplicated by the fact that the professionals involved in decision-makirg try to treat each case individually am take both material comitions and abstract concepts like personality into consideration, while the client wants only demonstrable material facts taken into consideration and to be treated "just like everybody else" to ensure fair play. It is important also to remember that the law and our clients see the whole child care field fran very different view points. The law, both in its Acts of Parliament and its administrative philosophy, sees the admission of children as a protective a(~'Vor refonnirg activity - the latter in the sense of rerrovirg the offender fram his environment to help am guide him into rrore constructive activities. The clients are more likely to see admission as a punitive, unfair attack fallirg heavily on the already underprivileged. Because many of our clients come fran families or areas where there is a lorg history of admissions to the Department, there is a kind of folklore about the Department's workirg which is based on semi-accurate perception and earlier generations unfortunate experiences. As so often happens when people lack access to sources of accurate information, this folklore has a powerful attraction so that children am parents may have various misconceptions about our functions. It is important for staff to understand sarethirg of these, as worthwhile rap{X>rt with parents is not IX>ssible if the clients' mim is filled with misconceptions. Some people still believe, for example, that children will not be allowed to return to a de facto union am many still are convinced that the purpose of home visitirg is to inspect accommodation. Although a few parents are relatively keen to have difficult children admittErl in order to get help for them, most people who love their children want than home as soon as possible and feel considerable anxiety about the outcome of oor decisions. Relatively intact, sensible parents, once they have been assured that the Department has no vested interest in keepirg their children, will cooperate with staff in workirg towards home release. However, some parents try to bludgeon a favourable decision by constant hostile demams, others will blandly deny problems, others will superficially co-operate but will lie in the process. While all these approaches are worryirg to inexperienced staff, the lyirg client is perhaps the most disturbing unless the staff rrember concerned can appreciate that the Department is seen only as an enemy am that lyirg is simply a necessary weapon in the war being waged with the Department. 1his leads of coorse to the final, unattractive truth that we cannot hope to fom
DHS.3002.381.0232
-
203 -
trusting relationships with all our clients - to a significant proportion of our families \lie are never anthing but the enemy and always will be. Even so, there is a cnnnb of confort: hatred of the Department can be a po\IiIBrful incentive to parents to regain their children and work to keep them. Parents of children in long term care. Since Departmental policy is to return children wherever possible to even barely competent parents, it follows that the parents of children in long-tem care are a fairly biassed sample. PrIong than will .be found: - single parent families where the one parent is not capable of carirYJ for dependent children by reason of his or her own inadequacy or ill health; - the chronically, deeply disturbed parent: - the retarded, grossly incompetent parent: - the 'character disorder parent' whose irrespons ibili ty, apparent callousness or neglectfulness makes htm or her positivily dangerous to the child's development or even life: - the sexually deviant-incestuous fathers are noteworthy here: - the deserting parents, or the highly rrobile ones who make only shallow, sporadic contact, - the resigned, flat, defeated parents who accept the position and either cannot or will not make any rrove to alter it: - the rejecting parents, who are only too pleased to be free of the encumbrance. It must he ranembered that the tem 'parent' must be used with same care, as many children are the offspring of de facto unions of casual liaisons aoo may have experienced a number of caretakers other than trose who begot than before arriving in Departmental care. The reaction of children to long-term care varies very much according to the age on admission of the children, their prior experiences, their innate potential, the amount of interest srown by parents or relations aoo the nature of the children's home itself. Broadly speaking, it may be assumed that young children in congregate care can live in a state of chronic mourning for an absent parent and that congregate care is not conducive to the healthy development of small children. Children who have been given reasonably conpetent care prior to admission stand a better chance of growing up successfully than very deprived children unless the latter are placed in a setting where they can be given a great deal of skilled attention. The breaking up of families which sometimes cannot be avoided in arranging placements is generally hanmful except in trose cases where half-sibs are barely aware of each others' existence or where two mutually destrucive youngsters need to be separated for their own good. Where young children are concerned same of the reactions to long-term congregate care may include: - flattening of affect, limited self-awareness and 10\liered initiative, especially found where children have entered congregate care at a very tender age: - 10\liered self-estean: belief in their own responsibility for their parents' "desertion" generalised depression: - bewildennent and impaired identity, again in young children, if parental contact is limited and keen holiday hosts enter a "semi-family" relationship with the child:
DHS.3002.381.0233
- 204 -
- underdeveloped emotionality, as the child in congregate care is insulated fran the normal ambitions, plans am disappointment of ordinary family life 1 - underdeveloped notivation to success as the child may be understimulated as an individual am may receive too little praise for individual effort; - boredan, especially as the youn;Jster grows older am fims the rootines involved in congregate livin;J pall. While cOn;Jregate care is no lOn;Jer regarded as sound practice for YOUn;J nonnal children, it does have a place in the child care field, for those youn;Jsters enterirq care at the upper em of childhood. These are often nore canfortable in group situations where contact with staff is less intense than in very small units am where activities are specially geared to their interests. For yourq children however, small unit care such as a family groop home is preferable to congregate care, as its dynamics approxilnate nore closely to family life and the children are given a wider number of ordinary domestic experiences. Problems can however occur when children are unable to distirquish the respective roles of natural parents and houseparents, as the latter function much more like real parents that do staff in congregate settirqs. Children may also be nore distressed at staff changes in small units as the tie is closer than to staff in bigger units and may conversely be more unhappy if they dislike their houseparents as there may be no one else they can turn to. The reactions of children enterirq care later in life will be rather different fran those of young children as they will have had more experience of life (often of a deviant kind), will have more sense of personal and family identity and will frequently be admitted on account of their own behaviour problems. Many of these will be able to return to parents reasonably quickly, but others will not. In the latter case, the reasons for prolonged stay in a Children's Harne are more likely to involve perversions of personal relationships than parental hane-makirq inadequacy, though the latter is also found. Reaction to lOn;J-tenn care in such children may include: - bitterness at parental rejection - some really painful inner conflicts are experienced in this area; - bitterness against 'the welfare' if the youngster is unable to return to his family am cannot appreciate that family problems preclude this, - passive acceptance1 - rejection of parents as responsible for the youngsters' quandary; - pleasure at discoverirq a new and worthwhile style of life, enjoyment of activities and developirq affection for staff particularly in cases where the youngster has been helped to find new skills in hilnself and ilnprove his self image. Such youn;Jsters may canpletely reject their families' way of life and strike out on their own. Children who have grown up to adolescence in homes fran early infancy may feel the above, but may add feelings of boredan and habits of dependency to them. While some of the old-fashioned, understaffed, rigidly run children's homes did produce a high number of deprived, dependent, socially incanpetent yourq adults, it srould not be thought that ch ildren 's Innes have no value. In fact, hames can and often do give deprived children a better start in life than do incanpetent or destructive parents and they have the advantage over foster care that siblings can more easily be kept together.
DHS.3002.381.0234
- 205 -
reaction of individual children to their own experience of substitute care one of the nost important factors in decidin;;J whether or not they srould be Hame Released and it is essential for staff to take this into consideration by discussion with superintedents. A dull, bewildered, l"x:mesick youngster may, for instance, positively need to be returned to his inadequate family (if he has one) if he is not to deteriorate canpletely while a bright child may be equally distressed at being forced to return to substandard conditions. The
is
It srould be ranembered that while adults in our families relate to both the Department and the hanes, children relate chiefly to the hanes and may have only the haziest ideas of what "bein;;J under the welfare" entails. In many cases they may not even know they are wards or may know "the Welfare" only as the body which will not allow than to go hone - the excuse that "the Welfare won't let you cane heme" is a time-l'n1oured cover for parental guilt. In srort, admission to care is not one experience but a series of experiences for both children and their adults. NJr are the experiences similar in nature, for the practices of each home may vary widely fran that of others and the individual's experience will be coloured by his own perception of it. The cammon denaninators of all our cases are the elements of pain and failure involved in inevitably in admission to care. w::>rk in this field is never easy. It can be distastefully, intellectucally bewildering, emotionally exhaustin;;J and unrewarding. The conflictin;;J demands of sensitivity to ·human distress and the need for finnness in decision-makin;;J are wearing to beginners and experienced staff alike. It is, however, an absorbing interesting field whose rewards, trough they came infrequently, give tremendous satisfaction.
DHS.3002.381.0235
- 206 PAPER NO.4 (NOl'ES CN PIANNIN3 FOR ADOLESCENT WARDS) (No Author, date) GENERAL POLICY AND PRACTICE CONSIDERATICNS The following frames of reference contain points for consideration when thinking around the various guardianship issues involved in administrative admissions case planning, placerent at Remand or Reception Centres (PARRC's), discharge fran am extension of wardship, am in the guardianship consent area. 1.
Level of Social Functioning (Coping ability) In arriving at a case planning decision in the above guardianship areas, the young person's general coping ability (as neasured by such indices of social functioning as period witoout offeming, stability in employment/ school/residential situation, danestic and financial managenent am general relationship am survival skills) is obviously a major area of consideration together with such general factors as health, overall personality and emotional adjustment. However, the young person's level of social functioning needs to be viewed within, and relative to, the following two perspect ives: (i)
Developnental Perspective
That is, the young person's level of social functioning needs to be viewed within a developnental context, giving adequate account to the nature of the period of adolescence. Adolescence in a western society is characteristically a period of experinentation, of identity searching, or instability. Difficulties am a rroderate degree of rebelliousness are "both nomal am desirable, as without same tension, conflict, frustrations and confusion , there can be no healthy personality growth as young people strive for autonanous identity, as they adjust fran being children to becaning adults". Thus, we do not aim for an optimal level of social functioning, but rather a reasonable level commensurate with the age specific coping ability of an "average" adolescent. (ii) Degree of Social Integration (Community Supports) Secondly, t~ level of social functioning needs to be considered relative to the community supports am general social context of the socialising process of the young person. For instance, in considering discharge, if a young person is socially integrated into adequate support systems in terms of a family or ot~r significant personal relationship, neighbourhood supports, peers, recreational facilities etc, which will facilitate the maturational process, t~n discharge should be considered, as a low level of social functioning is of less consequence in this context. However, where t~ "ward" is isolated fran adequate carmunity supports t~n a level of functioning sufficient to enable self management would be desirable before discharge could be considered. 2.
ADOLESCENI' NEEOO:
In relation to Departmental and Community Resources
In the process of weighing up the least detrinental available alternative am considering Administrative Admission to wardship, Placement At
DHS.3002.381.0236
- 207 -
Remam or Recept ion Centre, Discharge etc, it is necessary to take full cognizance of what are the needs of an adolescent and the departm:mtal resources available for meetirg these needs and facilitating the development of the YOl.lfWJ person. needs The categories:
of
a
young
person
can
be
conceptualised
into
five
(1)
Physical/Material needs: shelter, food, purchasing potNer, clothing, heating, health etc;
(2)
El1K>tional needs: security, stability, predictability, trust, affection sexual etc;
(3)
Social needs: recQ:Jnition, status, potNer, continuity of relationships, recreational, acceptance (peers and adults) companionship, self control, social skills;
(4)
Intellectual needs: excitement:
(5)
Identity needs: self \\IOrth independence, values, discussion, peer and adult IOOdels, feelirg of being wanted, needed, belonged.
main
stimulation, achievement, information,
A rarge of nonnal community institutions and resources are utilised as the social context in which these needs are catered for includirg the family/ educational/employment systans, income security payments and allowances, friendship net\\lOrks, housing and recreational facilities and neighbourhood support networks and Counselling services etc. In tenns of nonnalising the young person into the canmuni ty the maximum feasible use of these ordinary canmunity processes and services is emphasized and canmunity agencies are encouraged not to make wardship a criteria for the withholdirg of services which \\IOuld ordinarily be available. In addition, the Department has a range of resources and services, eligibility for the use of which is dependent upon the young person having wardship status or other statutory involvement. These include rostels, medical and dental coverage, clothing grants, incare subsidies (including subsidies for full-time schooling) school fees, books and unifoIIns, loans includirg board noney, counselling services and legal representation in canpensation and damages claims. In makirg a guardianship decision, the full rarge of a wards needs and the community and departmental resources available need to be carefully considered, and the various criteria balanced against each other. For instance, whilst a ward's level of social functionirg or lack of staff resources may in:Ucate discharge, guardianship may need to be retained for school subsidy payment or say, legal assistance in a damage claim, for without wardship these services \\IOuld not be available. 3.
W.ARI:S AND PARENI'AL considerations
RIGHI'S
-
Self
determination,
legal
am
ethical
Whilst the Department has blanket potNer under the Act to return a ward to Turana or Win laton , such pOwer is tantarrount to imprisol1Ilent without trial am should be used with m:>deration and not precipitately. In any event, if a ward refuses to return voluntarily then a strong case would seem to 'exist
DHS.3002.381.0237
- 208 that they shoold be entitled to an avenue of appeal and have the full protection of due process of the law involving a Court appearance and legal representation. Under Section 52, Children's Court Act 1973, an appeal may be made to the County Court against the Children's Court order admitting a child to the care of the Department of canmuni ty ~lfare Services. Young pecple of 15 years and over may appeal in their own right, while parents may appeal on behalf of younger children. In regard to the general departmental administration, the young person or his parents can lodge a canplaint with the Ombudsman. Clients can also complain to the Director or Minister or to their Member of Parliament. wards are protected by the laws relating to assault. It is departmental policy that adolescent wards should not be subject to corporal punishment by departmental officers. A ward has the right to decide his own hairstyle and should not be coerced into having it cut. A ward's right to privacy, including uncensored mail should be respected. Civil liberties apart, the very nature of adolescence dictates that it is important that a young person has control over his life, that his social autonomy and right to self determination be maximised. It has been hypothesised that the status deprivation and relative powerlessness of an adolescent is a significant contributing factor to the rebellion and delinquent identity testing behaviour of young people in this society. It is depar~ntal policy that wards have a right to participate in any planning decisions involvirtJ them. M:>revoer, practical experience dictates that it is rarely possible to force a young person to do something against their wishes and in fact there is the real dartJer that it will be counterproductive in that the young person will beccrne hostile, rebellicus and embittered. wardship attempts to ertJage not estrartJe the young person. Within the confines of self protection and protection of society, a young person needs to have an increasirtJ right with age to make their own life decisions and this needs to be respected and balanced against too partemailstic approach. Furthermore, it should be borne in mind that at 17 years of age, a young person cannot be brought before a Court on a Care and Protection application and so, in effect can leave heme even if it is against the parents' expressed wish. In fact, there is no law prohibiting a young person fran leaving heme earlier than 17 years of age, prQlJiding they can adequetely provide for themselves. Notwithstanding the above, many wards characterstically have lacked adequate models for decision making and are looking for direction and in sane circumstances wanting decisions to be made for them. Adequate account needs to be taken of this, however such decision making needs to take place in the context of maximum feasible recognition of a young persons right to self determination and one needs to guard against using such circumstances a rationalisation for lmposirtJ ones own values and beliefs of "what's best" for the young person. Often young people in our care, by the ir sanet ines . irrational Childish, nnpulsive and testing behaviour push workers to their "wits end" and force the worker into making irrational and hasty decisions. In consequence, all major case planning decisions should not be made by one worker alone, but .in a neutral supervisory context.
•
DHS.3002.381.0238
APP END ICE S
DHS.3002.381.0239
APPENDICES NO.
SUBJEX:T
1
Guidelines for Reports
2
Definition of Services
3
Interstate Welfare Departments
4
Pro Forma - Discharge fram the Care of the Department.
5 6 7
Pro Forma - Letter to Parents where Missing Ward Discharged
8
Pro Forma - Discharge fram Care of Department when sentenced to,Youth Training Centre
9
Irreconcilable Difference Application
10
Application by Person in Charge of Children's Herne to Admit Child or Young Person to Care of the Departrrent under Section 35 ( 10 )
11
Notification to Region Responsible for Case Planning of Placement with a View to Adoption
12
Notification to Region of Ward Placed with a View to Adoption
13
Adoption Section - Annual Review/Case Planning Report to Regional Centre
14
Notification to Region of Agreement with Approved Adopt ion Agency
15
Notification to Region with Case Responsibility that an Adoption Order has been Granted
16
Notification to Region in which Child Placed that an Adopt ion Order has bee n Granted
17
Notification of Agreement with an Agency for Placerrent of a Ward - Adoptive Placerrent
18
Dispensation Referral Form
19
Case Plan Dispensation Acceptance
20
Request for Acceptance of Guardianship of Victorian Ward
DHS.3002.381.0240
NO.
SUBJECI'
21
Notification to Another State of Victorian Intention to Discharge a Ward Accepted under Section 45.
22
Pro FOrMa - Acknowledgement of Acceptance by another State or Territory of Guardianship of Victorian v-Jaro
23
Extension of Guardianship of Victorian Ward under Guardianship in another State or Territory
24
Request hy Director, Institutional Services for Information on Youth Trainee also a Ward
25
Warrant to Apprehend or Search for and Apprehend a Child or Young Person Placed under Section 40 or 105
26
Application for Registration of a Previously Unregistered Hirth
27
Ordinary Registration of Birth
28
Authorisation for the a Birth
29
Notification to Local Police on Location of Missing Ward
30
Authorisation to Lay an Information under Section 83A or Section 110A
31
Computer Codes - Annual Review Outcomes - Regional Office Responsible
32
Wardship - Notification of Transfer of Case Planning Responsibility
33
Case Plan
34
Agreement with Another Agency for Provision of All Case Services
35
Agreement with Another Agency for Provision of Case Services
36
Authority to place a Ward at a Reception or Remand Centre (PARRC)
37
Authority to Place a Ward Directly fram Court
C~vernrnent
Statist to Register
DHS.3002.381.0241
NO.
SUBJECT
38
Confirmation of Notification of Missing Ward
39
Application to Director-C£neral for Admission to Care of the Department under Section 35.
40
AgreeMent for Child or Young Person to be Admitted to the Care of the Department under Section 35( 2) (d)
41
Notice of Intention to Withdraw fran Agreement for Child or young Person to be Admitted to the Care of the Department
42
Declaration of Victorian Guardianship of Interstate Ward
43
Consent to Marriage of Minor
44
Consent to Operation/Surgical Procedure
45
Consent to Termination of Pregnancy
46
Wardship Extension Authority
47
Notification of Wardship Termination
48
Wardship Continuation Certificate (Section 35 Applications granted prior to 6 ,January 19R2)
49
Permission to Travel Interstate
50
Approval for Granting of Passport and Travel Abroad
51
Sample - Protection Application
52
Warrant to Apprehend a Child Subject to Supervision Order - In Special CirCl..lJT\Stances
53
Sample - order for the Safe Custody of a Child During an Adjournment.
DHS.3002.381.0242
APPENDIX 1 REPORTS
The contents of a report will necessarily vary according to the purpose for which the report is written. The following outline should therefore be used as a gJide - sections may be added or deleted when appropriate. usually, the initial report prepared about a family should be as comprehensive as possible. Subsequent reports may then refer back to this first one. In writing any report staff should: ( i)
( ii) ( iii)
( iv)
ensure necessary identifying date is included; ensure use of names is cons is tent (e.g. do not use Mrs Smith and Mary interchangeably); minlinise the use of jargon; indicate clearly at the tope of the report if confidentiality is to be maintained.
GUIDELINES 1. 2. 3.
D.O.B.
4•
v-va.rd Numbe r •
5. 6. 7. 8• 9• 10.
Cultural Identity. Date Admitted to Wardship. Legal reason for admission (qJote appropriate section of the Act). CircUInS tances surround ing admiss ion. Prev ious court appearances. Family Constellation. Name, Relationship, PQe, Address (Be sure to give full names, nick names and aliases.) Significant others in child's life (e.g. grandparents, foster parents) Family's social history and current situation. Previous Placements of Child. Child's educational background and current needs. Child's health. Behavioural/psychological/Social difficulties. Family's health (include all psychiatric diagnoses or other disabilities). Areas of involvement by previous professionals. Child and Family's Attitude to Admission. Family's reaction to assessing worker. Family's existing community supports. Proposed Case Plan.
11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22.
Name of ward (include full legal name, nick names, al iases) • Sex.
DHS.3002.381.0243
APPENDIX 2 DEFINITION OF SERVICES Family supplementing/Supportive Services includes:(a) (b) (c) (d)
Financial Counselling services. Housing Referral services. Emergency Accommodation services. Family Aide/Hane-Maker serv ices. (e) Family Supportive Grants. Family Substitute Care Services (Voluntary) includes:(a) (b) (c) (d)
Emergency Shelter Care for Children. Foster Care voluntary Placements. Private Board. Placement with Relatives.
Residential Child Care Services (Voluntary) includes: (a) (b) (c) (d) (e)
Family Group Home voluntary Placement. Emergency Shelter Care for Children. Residential Care - voluntary. Early Adolescent Units. Respite Care.
Youth Services include:(a) (b) (c) (d)
Hostel placements - Voluntary. youth Accommodation Services Program (YASP) Youth welfare Service - Voluntary Placement (YWS) Private Board. (e) Personal Attention by a Care Team (PACT Scheme) (f) Intensive Community Remand and Support Scheme (ICRASS) Financial Services includes:(a) Financial Counselling services. (b) Family Supportive Grants. Income Security Services includes:(a) Emergency Grants. (b) Advances to Probationers. Statutory Protective Services include:Supervision orders Gorrectional Services include:Probation services •
•
Aboriginal Services includes:(a) Aboriginal Residential Care - Voluntary. (b) Aboriginal Hostels - Voluntary.
DHS.3002.381.0244
APPENDIX 3 INI'ERSTATE WELFARE DEPARI'MENI'S A.C.T.
Director of welfare, welfare Branch, Departmental of Capital Territory Beauchamp House, Edinburgh Street, ACTON, A.C.T. 2601 Phone: 062
476311
Postal Address: Box 158, Canberra City. N.S.W.
A.C.T. 2601
The Director, Department of Youth and Community Services, 323 Castlereagh Street SYDNEY, N.S.\'1. 2000 Phone: 02 2177100 Postal Mdress: Box K718, Haymarket.
NORI'HERN TERRITORY
N.S.W.
2000
The Director of Child Welfare, Community welfare Division, Department of Community Development, 1st Floor, Block 7, Smith Street, DARWIN, N.T. 5790 Phone: 089 819279 089 897641 Postal Address: Box 3669, Darwin. N.T.
CUEENSLAND
5794
The Director, Department of Children's Services, "Kantara", 64-70 Mary Street, BRISBANE, OLD. 4000 Phone: 07 2246160 Postal Address: P.O. Box 153, Brisbane, North QJay.
4001
DHS.3002.381.0245
APPENDIX 3 (cont'd) S.A.
Director-General, Department for Community welfare, 50 Grenfell Street, ADELAIDE, S.A. 5000 Phone: 08 2170461 Pos tal Address: P.O. Box 39, Rundle Street P.O., Adelaide, S.A. 5000
TASMANIA
District Officer, Country & Interstate Liaison, 134 weymouth Street, ADELAIDE, S.A. 5000 Phone:
08 2123444
The Director, Department of Social Welfare, 12 Murray Street HOBART, TAS. 7000 Phone:
002 308011
Postal Address: G.P.O. Ibx 125B, Hobart, TAS. 7001 W.A.
The Director, Department for Community welfare, Canmunity House, 81 st. Georges Terrace, PERm. ~v.A. 6000 Phone: 09 321044
NEW GUINFA
The Director, Child ~-lelfare, Division of Social Development, P.O. Box 6959, Boroko, PAPUA, N.G. Phone:
NEW ZEALAND
Director General, Department of Social Welfare, Private Bag, Postal Centre, wellington 1, NEW ZEALAND. Phone:
AUGUST 1979
71748
welliIlJton 727666
DHS.3002.381.0246
PRO FORMA - DISCHARGE FROM CARE OF DEPARlMENI'
APPENDIX 4 Dear I am pleased to inform yoo that yoo were discharged fran the care of the Department of Community Welfare Services on If, in future, yoo ever feel that Departmental staff can be of any assistance please do not hesitate to contact them. Yoors faithfully, Regional Manager
APPENDIX 5 Dear I am pleased to infonn you that was discharged fran the care of the Depa.rtment of Canmunity Welfare Services on If, in future, you ever feel that Departmental staff can be of any assistance please do not hesitate to contact them. Yours faithfully, Regional Manager
APPENDIX 6 Dear I am pleased to infonn you that were discharged fran the care of the Department of Community Welfare Services on If, in future, yoo ever feel that Departmental staff can be of any assistance please do not hesitate to contact them. Yours faithfully, Regional Manager
•
DHS.3002.381.0247
pro FORMA - LETl'ER TO PARENTS WHERE MISSING WARD IS DISCHARGED APPENDIX 7 Dear It has been decided to discharge the Department of Community welfare Services on be aware the whereabouts of are unknown. is listed as a Missing Person.
fran the care of As yoo would Currently,
Any further enquiries should be made to the Missing Persons Bureau, Russell Street, Melbourne. If you wish to remove the listing of as a Missing Person, you would need to notify the Bureau preferably in writing. It should be noted that Legal Guardianship matters are your responsibility fram this stage onwards. However, if in the future, you feel Departmental staff can be of any assistance, please do not hesitate to contact them. Yoors faithfully,
Regional Manager
PRO FORMA - DISCHARGE FlOtt CARE OF DEPARIMENI' WHEN SENI'ENCED TO YOU'IlI TRAINING CENTRE
APPENDIX 8 Dear I wish to infom you that yoo were discharged as a ward of the Depart:rrent of Community welfare Services on Since you are presently undergoing a sentence of detention you will now be under the jurisdiction of the Youth Parole Board. Yours faithfully,
Regional Manager
DHS.3002.381.0248
APPENDIX 9 Community Welfare Services Act 1970, Section 34, Section 104 IRRECONCILABLE DIFFERENCE APPLICATION
In the Children's Court at Name of Person with care and custody Address Name of child or young person Date of Hirth
Address
Sex
I, the above named *Child/*Young Person/*person with care and custody of the Child/Young person believe that there is a substantial and presently irreconcilable difference between myself and the abpvenamed person with care and custody of the Child/Young person*/Child*/Young Person* to such an extent that my* /his* /her* care ,and custody are likely to be seriously disrupted. I hereby apply to the Children's Court at in the State of Victoria on 19 at a.m./p.m. pursu,3nt to sect ions 34 and 104* of the Community Welfare SeDlices Act 1970 for an ord0r under section 34(3)/section 104(3)* of the said Act. Dated at 19 Signature A child*/A young person*/Custodian* NaTE TO
APPL ICANT
Section 27 of the Children's COlrt Act provides that where a child or young person's care or custody are likely to be seriously. disrupted the court may (a) admit the child or young person to the care of the Department of Community Welfare Services: (b) make a supervision Order:
or
(c) adjourn the proceedings on condition that the child or young person be of good behaviour and comply with any other condition imposed by the court.
* Delete where necessary. applicant.
A child or young person or the alstodian may be the
DHS.3002.381.0249
APPENDIX
10
camn.mity Welfare Services Act 1970, Section 35(10) APPLICATICN BY PERSON IN