Under the Child Protection Act 1999 and Child Protection Regulation 2011, a person who has made an application to be a foster or kinship carer may be provisionally approved if all of the following requirements are met:
Provisional approval is for 60 days with a possible further extension of 30 days. The substantive application to be a foster or kinship carer must be decided within this 60 day period, or where extended, 90 day period, if it is intended for the child to remain in the placement.
If the substantive application is not decided within the 60 day period, or where extended, 90 day period of provisional approval:
Provisional approval may only be granted once. If the 60 day period, and extension of 30 days where granted, has lapsed, further provisional approval cannot be granted, even if a new application for approval is lodged.
To obtain provisional approval of a foster or kinship carer applicant:
Additional steps are required to obtain provisional approval of a foster or kinship carer applicant who is a Child Safety employee, as outlined in 3. What if a carer or carer applicant is also a Child Safety employee?
Note: Child Safety staff must comply with the requirement under the Working with Children (Risk Management and Screening) Act 2000, to inform all blue card applicants that it is an offence for a disqualified person to sign a blue card application form. This requirement applies even when a prescribed person has verified an applicant's identity. For further information, refer to the practice resource Mandatory advice to blue card applicants .
When the conduct of personal history checks is urgent and within business hours, for example, when provisional approval is required so that a placement can be facilitated as soon as possible (within 48 hours) for a child:
The CSU will provide the personal and criminal history check results back to the CSSC as soon as practicable, however, where there are unforseen delays, the regional director may grant provisional approval, as outlined below.
Where, as part of the provisional approval process, an applicant or adult household member has criminal history that is obtained by the CSU, relevant details of the criminal history may be provided to an external assessor where it is considered necessary that the information needs to be considered as part of the assessment. For further information about providing personal history information to external assessors, refer to 2.2 Facilitate personal history checks.
Where an urgent placement is being made after hours (between 3:30pm and 8am, Monday to Friday and weekends), with a person who is applying for provisional approval as a carer, personal and criminal history checks will be conducted by the CSAHSC and will include child protection and criminal and domestic violence history checks. A rationale for why the check is urgent must be provided and meet one of the following criteria:
In this circumstance, complete all mandatory fields in the QPS - Urgent Request (After Hours) form and email, with the other necessary documentation, to CSAHSC. Phone to confirm receipt of the request and attach all completed forms to the ‘EOI/Application’ in ICMS. Decisions required after hours about a person’s suitability and subsequent provisional approval will be made by the duty executive officer.
If your request falls outside this criteria, it is to be processed as a non-urgent check. In these instances, please complete the non-urgent spreadsheet and forward to the CSU for processing.
Where the duty executive officer approves an urgent placement, CSAHSC staff will complete the following in ICMS to create the carer entity and placement:
CSSC or PSU staff are responsible for immediately finalising the requirements for the application to be 'properly made' and sending all required forms and identification documents, where available, to the CSU. In circumstances where a placement has been made by the CSAHSC, the 'Date properly made' will not be updated once all required documentation is completed.
The CSSC manager is delegated to grant provisional approval to a carer applicant, where the applicant or all adult household members are assessed as not posing a risk to the child's safety, taking into account:
The regional director, or the duty executive officer, if after hours, may grant provisional approval prior to the completion of personal history checks undertaken by CSU (child protection history, criminal history, domestic violence history and traffic history) in urgent circumstances, taking into consideration the factors outlined above. In such circumstances, the CSSC is responsible for reviewing ICMS and providing the regional director with any relevant child protection history information about the applicant or household members to inform the decision to grant provisional approval. When the outcome of the personal history checks is received and indicates the carer does not pose a risk to the child's safety, provisional approval continues. Where the CSU determines that the carer is not a suitable person to be a provisionally approved carer, refer to 11. What if a provisionally approved carer's certificate of approval requires amendment, suspension or cancellation?
Note: Only the regional director, or if after hours, the duty executive officer, may grant provisional approval for an applicant who is a Child Safety employee.
Following a decision to provisionally approve the applicant:
The provisional certificate of approval has effect for 60 days from the date of initial approval, as recorded on the 'Form 5: Approval decision - Provisionally approved carer'. For further information, refer to the practice resource Completing the Certificate of Approval .
Provisional approval can be extended past 60 days, once only, for up to a further 30 days if:
If the CSSC manager decides that an extension to the expiry date is warranted:
Where an extension is granted, the new expiry date for the certificate of approval is to be no more than 30 days from the expiry date on the initial certificate.
If the 60 day period, and extension of 30 days where granted, has lapsed, further provisional approval cannot be granted, even if a new application for approval is lodged.
For information about the roles and responsibilities of the CSSC and PSU in relation to the provisional approval of a kinship carer applicant specifically, refer to the Provisional approval for kinship carer applicant checklist. Note: There may be a variance in roles across regions which are not captured in this checklist.
Where an applicant resides interstate, careful consideration must be given to the feasibility of completing all necessary assessment requirements within the specified timeframes before deciding to seek the provisional approval of an interstate applicant.
Carer applicants who apply for provisional approval only have review rights in relation to their substantive application to become either a foster or kinship carer. The cancellation of a provisional certificate of approval does not affect the pending application for approval as an approved foster or kinship carer. If the substantive application is subsequently refused, this decision is reviewable.
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All approved carers, including provisionally approved carers, are required to notify Child Safety of any of the following specific changes that are considered relevant to determining their ongoing suitability:
When any of these circumstances occur, the carer is to complete a Change in carer circumstances form and provide it to the CSSC or PSU. Upon receipt of the information:
When a carer has advised Child Safety that they have changed their primary place of residence:
A carer living with their spouse may only hold a certificate of approval jointly with the spouse (Child Protection Act 1999, sections 132(3) and 136B). Carers must advise Child Safety when they intend to commence living with a spouse or wish to hold a joint certificate with another adult, for example, an adult child of the carer.
Prior to the spouse or another adult joining the household:
If the application is approved:
Where a provisionally approved carer intends to live, or has commenced living, with a spouse, the provisional approval certificate continues to have effect until the earliest of either:
To facilitate urgent personal history checks for the spouse:
Progress the foster or kinship application of the provisionally approved carer in accordance with the usual assessment process. However, the provisionally approved carer may only be granted approval as a foster or kinship carer if the spouse and all adult household members hold a current blue card or exemption card.
Advise the provisionally approved carer and spouse to complete a joint application for approval and create a new initial carer ‘EOI/application’ in ICMS for the applicant couple. The joint application must be 'properly made' prior to, or on the same day that the provisionally approved carer's substantive application is decided. If the provisionally approved carer's substantive application is approved, the approval remains valid only if a joint application for approval has been 'properly made' and the new spouse holds a current blue card or exemption card.
Progress the joint application in accordance with the usual assessment process, however, the original approved carer will not require new personal history checks and will not need to repeat Pre-service training.
If the joint application is approved:
When a spousal relationship ends and only one of the carers wishes to continue as a carer, the carer must apply in writing to the CSSC manager for an amendment to their certificate of approval (Child Protection Act 1999, section 137), including situations where there is the death of a spouse. However, if a spousal relationship ends during the renewal of approval and the expiry date of the certificate would have otherwise lapsed if not for the renewal application, an amendment to the joint certificate cannot be progressed.
Where the ending of a spousal relationship coincides with the renewal of approval for the carer couple, refer to What if question 12. What if a spousal relationship ends during the renewal of approval for the carer couple and only one carer wishes to continue as a carer?
Where a carer applies for an amendment to their certificate following the ending of a spousal relationship, Child Safety must make a decision on whether to grant or refuse the application for amendment within 28 days of receiving the request. If necessary, meet with the carer to discuss the matter before the 28 day period has lapsed. The existing certificate of approval remains in place until the application for amendment is decided.
To process the requested amendment:
For an amended certificate, the new carer entity will automatically be created and the original carer entity approval status will automatically be ended with the end reason as ‘Surrendered’.
If the requested amendment is approved:
If the requested amendment is refused, written notice using the ‘Letter of outcome of application to amend’ must be provided to the carer within 10 days of the decision having been made (Child Protection Act 1999, section 137). The notice must:
state the reasons for the decision
advise that the carer has the right to have the decision reviewed by QCAT and that an application can be made to the tribunal within 28 days.
Where an amendment is approved and the carers also have long-term guardianship or permanent guardians of one or more children:
Where both carers wish to continue as approved carers, both carers must submit a separate 'Application for approval - Form 3 APA'. The existing certificate of approval remains in place until their individual applications are decided. The carers will not be required to repeat pre-service training. The approval decision will include an assessment of how the new circumstances of the applicant will impact on any children in their care.
If the application is approved:
Carers are required to advise Child Safety of:
Carers are required to advise Child Safety:
If another adult intends to join a carer household, or when any child who lives in the carer household is turning 18, including children placed by Child Safety:
The suitability decision for a new adult household member is based on personal history check outcomes and other matters relevant to deciding suitability, such as the person’s employment, history, physical health or mental health. The process for decision-making about suitability has a number of decision-making points and whilst overall suitability is determined by the CSSC manager, the CSU manager is delegated to determine that an adult household member is not suitable based on their personal history, or that the overall assessment of suitability is eligible to be progressed.
For further information about decision-making about the suitability of a new adult household member, refer to the practice resource Suitability decision-making for a new adult household member Suitability decision-making for a new adult household member .
For information about the roles and responsibilities of the CSSC, PSU and CSU in relation to a new adult household member, refer to the New adult household member checklist. Note: There may be a variance in roles across regions which are not captured in this checklist.
For further information about facilitating personal history checks, refer to 2.2 Facilitate personal history checks.
Foster or kinship carers may be approved to provide more than one regulated care services from their home, such as family day care or a stand-alone service. If a foster or kinship carer advises Child Safety that they are approved to provide another regulated services from their home, this information will be consider when assessing their initial or ongoing suitability as a foster or kinship carer.
If a carer advises Child Safety that they are approved to provide another regulated care services from their home, inform the carer that they are required to provide the following information to Child Safety:
This information will enable the identification, assessment and discussion of any likely impacts on the quality of services provided to children and on the ability of the applicant/s to meet suitability requirements.
In relation to providing other regulated care services, applicants can be approved to provide education and care for:
Additionally, for family day care educators, the educator’s own children and any other children at the residence are also to be taken into account if those children are under 13 years of age and there is no other adult present and caring for the children. Children being cared for in foster or kinship care would be included in these numbers of children.
When a carer has advised Child Safety that they are providing a regulated care services from the home:
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A child subject to a care agreement or an order granting custody or guardianship to the chief executive, including a temporary custody order or a transition order, may be placed with a departmental employee who is an approved carer, including a person undertaking employment through a traineeship or a student placement.
For information about when this may occur, refer to the Placement of children with departmental employees policy.
A Child Safety employee who submits an application for approval, or who is an approved carer is subject to:
A Child Safety employee who is an approved carer must not be directly involved in the case work or decision-making in their role as an employee, for any child placed with them. However, they are able to be involved in decision-making for the child, in their role as the child’s carer. To facilitate the separation of roles, case responsibility for the child will not be held in the CSSC where the departmental employee is in a direct service delivery role, where practicable.
If an immediate placement is required with a departmental employee, they must be provisionally approved by the regional director or the duty executive officer (if after hours) prior to the placement taking place.
A carer who is subsequently appointed to a position within the department, including a traineeship or student placement, is able to continue to provide out-of-home care.
If concerns arise about the quality of care provided to a child in out-of-home care, refer to Chapter 9. Standards of care.
Kinship carers: any employee of Child Safety may apply to become a kinship carer, but only where they meet the legislative definition of kin. A Child Safety employee who has no connection to or relationship with the child prior to the intervention by Child Safety, does not meet the legislative definition of kin and cannot apply for approval as a kinship carer for the child.
Direct service delivery employees as foster carers: an employee in a direct service delivery role is any employee whose role, responsibilities and duties predominantly include personal, telephone or written contact with children and families in receipt of a Child Safety service.
A Child Safety employee in a direct service delivery role, who does not meet the legislative definition of kin for a specific child requiring placement, may be approved as a foster carer (including provisional approval) in exceptional circumstances, as determined, and where considered appropriate, by the regional director.
Exceptional circumstances may include, but are not limited to:
Non-direct service delivery employees as foster carers: an employee in a non-direct service delivery role is any employee whose role, responsibilities and duties exclude, or include only limited personal, telephone or written contact with children and families in receipt of a Child Safety service.
A Child Safety employee in a non-direct service delivery role, who does not meet the legislative definition of kin, may be approved as a foster carer, as determined, and where considered appropriate, by the regional director.
For further information, refer to the practice resource Child Safety employees as carer applicants or approved carers.
CSSC or CSSC manager: Where reference is made to the CSSC or CSSC manager, this refers to the CSSC or CSSC manager in the geographical area where the carer applicant or carer resides, or the foster and kinship care service conducting the assessment is located. The exception to this is where the application is for a kinship carer who resides in another geographical area and the child’s case is to be transferred to the CSSC where the applicant resides. In this circumstance, the CSSC manager with case management responsibility for the child is responsible for obtaining an approval decision about a kinship carer applicant from their regional director, and any references in this procedure relate to the CSSC and CSSC manager with case management responsibility for the child.
The assessment, approval, renewal of approval and monitoring and support processes for a Child Safety employee will be undertaken by a foster and kinship care service or a Child Safety officer who has no personal or professional relationships with the employee.
Where this is not possible, for example in rural and remote locations, a senior Child Safety officer, for example, a senior team leader or senior practitioner, will undertake the required procedures.
In this case, the CSSC manager will put in place strategies that also enable the Child Safety officer to clearly separate their two roles and to manage conflicts of interest. For example, the CSSC manager will request that another senior practitioner within the region sits on the assessment panel where a senior practitioner, known to the Child Safety employee, has assessed the carer application.
The person undertaking the initial assessment, or renewal of approval assessment, is responsible for completing the Advice to regional director form during the assessment process, however, the CSSC manager is responsible for contacting the employee’s line manager to negotiate the line manager’s involvement in the completion of the form.
Where an employee identifies that a conflict of interest exists, or will exist, in their dual role as an employee and an approved carer, the employee and their line manager are responsible for completing the Conflict of interest declaration. The employee is required to complete Section 1 of the declaration and provide this form to their line manager, who will complete Section 2. For further information, refer to the Conflict of interest procedure.
Note: The completed ‘Conflict of interest declaration’ is subject to strict storage and accessibility requirements.
The Child Safety employee’s records as a carer applicant or as an approved carer will be classified as a sensitive person in ICMS.
A child placed with an employee who is an approved carer, may be classified as a sensitive person at the discretion of the CSSC manager.
If a Child Safety employee withdraws their application, is refused approval or decides to cease being a carer, or where the child in their care is subsequently placed in an alternative placement, there is no change to the sensitivity classification, however, the child’s sensitivity plan may be removed, if considered appropriate by the CSSC manager.
For further information, refer to Chapter 10.5 Recording sensitivity and the Integrated Client Management System (ICMS) Child Protection Participants Manual.
The regional director will consider the views of the child and the child’s parents about the proposed placement, when making the decision to approve or renew the approval of a carer who is a Child Safety employee. This information will be recorded on the ‘Advice to regional director form’, where applicable.
Prior to a Child Safety employee lodging an application for approval, the employee must be fully informed by the person undertaking pre-application processes about the potential challenges, risks and processes associated with the employee’s possible future dual role. This will include, but is not limited to, a discussion of:
Relevant information to assist in undertaking this discussion is provided in the practice resource Child Safety employees as carer applicants or approved carers, the Conflict of interest policy and procedure.
Where the Child Safety employee decides to proceed with an application, inform the employee that they must inform their line manager about the application and that the line manager may be contacted as a referee - refer to 1.7 Lodge the application and 2.4 Conduct referee checks, if applicable.
During the assessment interviews with the Child Safety employee, discuss and consider the impact of any conflict of interest, confidentiality issues and proposed management strategies, if applicable.
The CSSC manager is responsible, during the assessment process, for contacting the employee’s line manager, to negotiate the line manager’s involvement in contributing to the completion of the Advice to regional director form.
Where the CSSC manager and the employee’s line manager is the same person the senior practitioner will also participate in discussions for the purpose of completing the ‘Advice to regional director’ form.
Record the outcome of related discussions in the ‘Advice to regional director’ form. Share observations and reflections with the Child Safety employee and give them feedback about the conclusions being reached. Incorporate relevant comments and feedback from the employee in the ‘Advice to regional director’ form.
Once all carer assessment processes are completed, provide a copy of the ‘Advice to regional director’ form to the Child Safety employee, along with all other documents usually provided to the applicant - refer to 2.7 Complete the assessment report.
All assessment and approval documentation usually provided to the CSSC manager, is forwarded to the regional director andwill also include:
Ensure the completed ‘Conflict of interest declaration’, if applicable, is managed in accordance with the Conflict of interest procedure.
Where a decision about provisional approval is required after hours, CSAHSC staff will obtain a decision from the duty executive officer - refer to 1. What if the applicant requires provisional approval?
In making a decision about the employee’s application, the regional director will consider:
The regional director will record any comments specific to the employee’s proposed or actual dual role in the ‘Advice to regional director’ form. In addition, the regional director will record their approval decision, along with any relevant comments, on either the ‘Form 4: Approval decision’ or the ‘Form 5: Approval Decision - Provisionally Approved Carer’, where applicable, and sign the form. The regional director is also required to complete the Conflict of interest declaration, Section 3, where applicable.
The timeframe for deciding the application may be extended by the CSSC manager, where considered necessary - refer to 3.2 Extend the timeframe for deciding the initial application, or 1. What if the applicant requires provisional approval?
Upon receipt of the regional director’s decision, the responsible CSSC or PSU resumes responsibility for attending to all remaining procedural requirements. This includes the provision of information about review rights, should the application be refused - refer to 3.3 Approve the application or 3.4 Refuse the application, or 1. What if the applicant requires provisional approval?
In addition, following the provision of advice to the employee about the regional director’s decision:
Note: Where the child requiring placement is likely to be placed with a carer applicant who is a direct service delivery employee, and the employee does not intend to provide care to other children on an ongoing basis, the employee must withdraw their application if the child is moved to another placement prior to the final approval decision being made. Refer to 1.6 Address identified concerns about suitability.
Where an approved carer or a carer applicant becomes an employee of Child Safety, the CSSC manager will ensure that a Child Safety officer or the foster and kinship care service:
Where the employee indicates an intention to continue in their role as an approved carer, or to proceed with their application, the CSSC manager is responsible, in the first instance, for negotiating the employee’s line manager’s involvement in contributing to the completion of the Advice to regional director form. Record the outcome of all related discussions in the ‘Advice to regional director’ form.
Where the CSSC manager and the employee’s line manager is the same person, the senior practitioner will also participate in discussions for the purpose of completing the ‘Advice to regional director’ form.
If the employee identifies a conflict of interest, the employee will also complete the Conflict of interest declaration, Section 1 and provide this form directly to their line manager for their completion of Section 2. For further information, refer to the Conflict of interest procedure.
Unless the employee decides to withdraw their application, or to cease being a carer:
Ensure the completed 'Conflict of interest declaration', if applicable, is managed in accordance with the Conflict of interest procedure.
Where there is no current application to be decided, the Advice to regional director form is for the regional director’s information only. That is, an approval or refusal decision is not required. However, the regional director may recommend a review of the foster carer agreement or the placement agreement and/or the addition of conditions on the carers certificate of approval, based on the information provided. For further information, refer 3.5 Complete a Foster Carer Agreement, 2.7 Complete the assessment report or Chapter 5, 1.9 Complete a placement agreement.
Where there is a current application requiring approval or renewal of approval, the regional director will consider all relevant information and either approve or refuse the application, as outlined previously.
Following the consideration and completion of all relevant information and documentation by the regional director:
the responsible CSSC or PSU resumes responsibility for attending to all remaining procedural requirements, if applicable - refer to 4.9 Approve the application for renewal or 3.4 Refuse the application
Where the employee decides not to proceed with an application for approval or renewal of approval, or they decide to cease being an approved carer - refer to 1.6 Address identified concerns about suitability and 7. What if the foster or kinship carer decides to cease being a carer?
All approved carers who are Child Safety employees will be subject to usual monitoring and support processes - refer to Chapter 9, 1. Provide support to carers.
In addition, during the development or review of a placement agreement (where the Child Safety employee is a kinship carer) or a foster carer agreement:
For further information, refer to ‘Managing the dual role, renewal of approval and monitoring and support processes’ as outlined previously.
Note: The employee and their line manager are responsible for the ongoing implementation of the Conflict of interest procedure, including, where an employee’s relevant circumstances change, the completion of an amended Conflict of interest declaration.
An application by a Child Safety employee for renewal of approval as a kinship or foster carer will be invited, assessed and decided in accordance with usual procedural requirements as outlined in 4. Renewal, and as outlined previously in ‘Application for and assessment of approval as a carer’. All assessment and approval documentation usually provided to the CSSC manager is forwarded to the regional director, along with the Advice to regional director form and if applicable, the Conflict of interest declaration.
Further, when assessing the application for renewal of approval, the person undertaking the assessment is to take into account, and document in the ‘Advice to regional director’ form:
If the approved carer does not wish to apply for renewal of approval, refer to 7. What if the foster or kinship carer decides to cease being a carer?
Following the receipt of all relevant assessment and approval documentation, the regional director will make and record their approval decision, as outlined previously.
Upon receipt of the approval decision, the responsible CSSC or PSU resumes responsibility for attending to all remaining procedural requirements, as outlined previously.
Following the decision to grant renewal of approval, the foster and kinship care service or Child Safety officer responsible for supporting the carer will:
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A comprehensive review of carer suitability may be conducted whenever there are serious concerns about the ongoing ability of the carer to meet and sustain the standards of care.
The purpose of the review is to assess the carers ongoing suitability and ability to meet the standards of care. The review will determine either:
A review of carer suitability may be initiated by the CSSC manager:
In making the decision to review a carers suitability, the CSSC manager will:
Planning for the review will occur in partnership with the foster and kinship care service that the carer is affiliated with, and with the senior practitioner of the CSSC that is responsible for the carer. As part of the planning process, decide the following:
The CSSC manager will approve the plan prior to the review commencing.
As part of the review of carer suitability, the reviewer will:
The reviewer will prepare a report for the CSSC manager and make a recommendation about what action is required. The report will specifically identify the standards of care the carer is meeting and, if appropriate, the standards of care that the carer is not meeting.
Where difficulties are identified, the report will explore the contributing factors, the impact on the child, where appropriate, and propose what actions are required to improve the care to the child, and the capacity of the carer gain the knowledge and skills required to meet the standards of care. Where actions need to be undertaken to assist the carer, refer to Chapter 9, 5.5 Respond when the standards of care are ‘not met’.
In some circumstances a review of carer suitability may identify that the carer is unable to ensure the safety of the child or meet the standards of care, refer to 9. What if a foster or kinship carer's certificate of approval requires amendment, suspension or cancellation, other than on blue care or exemption card grounds?
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Where the partner of a foster or kinship carer applicant is genuinely not available to be assessed and approved, along with their spouse, due to the nature and location of their employment, for example, those employed by the defence forces or mining industry and working interstate or overseas, the following process applies:
If the application is approved:
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When a carer applicant who is proposed to provide care for a child resides in another state, territory or New Zealand (jurisdiction), and the child is subject to a court assessment, custody or guardianship order or proceedings in Queensland, the CSO will request that the relevant interstate jurisdiction undertake a carer assessment.
To facilitate the assessment of a carer applicant in another jurisdiction the CSO will:
Note: Upon receipt of any 'blue card application' forms, contact all blue card applicants to advise that it is an offence for a disqualified person to sign a 'blue card application' form. For further information, refer to the practice resource Mandatory advice to blue card applicants .
The Queensland ILO will forward the request and accompanying documentation to the ILO in the other jurisdiction.
If the CSU manager subsequently advises that, based on personal history checks, the applicant is not suitable, contact the Queensland ILO immediately, who will withdraw the assessment request from the other jurisdiction.
The interstate worker will complete the 'Form 2: Household safety study' on behalf of Child Safety and provide a written assessment report, addressing the assessment areas identified on the 'Request for Interstate Assessment of Carer/s' and including a recommendation about the proposed placement.
Attach all completed forms to the 'EOI/Application' in ICMS.
Where the carer assessment relates to a family contact visit refer to Chapter 5, 2.5 Facilitate and monitor family contact.
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When a carer advises Child Safety of their decision to cease being an approved carer the PSU will:
QFKC is responsible for contacting the former carer to offer them an exit interview, which is conducted by QFKC.
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If a carer requests access to their personal information held on the Child Safety file, inform the carer that the release of file information is managed by Right to Information and Information Privacy.
Advise the carer that their request must be made in writing, through a completed Right to Information application, a letter or other written advice, and outline the details of the personal information sought.
Provide the carer with the contact details for Right to Information and Information Privacy.
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Under the Child Protection Act 1999, a carer's certificate of approval can be amended, suspended or cancelled in the following circumstances:
Note: A certificate of approval as a kinship carer cannot be amended to change the child for whom the carer is approved.
Child Safety will consider whether there is a need for the amendment, suspension or cancellation of the certificate of approval of a carer, in circumstances where a carer is not meeting the legislated statement of standards or a condition of the certificate of approval, or alternatively, where an amendment of the certificate of approval is requested by the carer. The amendment, suspension or cancellation of a certificate of approval is to occur in a respectful and transparent manner.
Any application by a carer to amend their certificate of approval must be made in writing. Child Safety must make a decision on whether the proposed amendment is necessary within 28 days of receiving the request. If necessary, meet with the carer to discuss the matter before the 28 day period has lapsed.
If the proposed amendment is decided to be necessary:
If the proposed amendment is not considered necessary, the application for amendment must be refused and written notice using the 'Letter of outcome of application to amend' must be provided to the carer within 10 days of the decision having been made (Child Protection Act 1999, section 137). The notice must:
If the CSSC manager decides that an amendment to a carer's certificate of approval is warranted:
If, after considering any written representation by the carer, the CSSC manager still considers an amendment to the certificate of approval necessary, the carer must be provided with written notice of the decision within 10 days of the decision using the 'Letter of amendment', created in ICMS. The notice must:
After providing written notice to the carer of the decision to amend the certificate of approval:
If, at any stage of this process, the CSSC manager decides not to proceed with the amendment, they must provide written notice to the carer of their decision not to amend the certificate of approval.
A carer's certificate of approval may be suspended or cancelled when there is reason to believe that the carer cannot provide care to a child that meets the statement of standards and that the issue of concern cannot be appropriately addressed through other means.
A carer's certificate of approval must be cancelled when the CSU manager advises the CSSC manager of the decision to cancel the carer's certificate of approval, where the carer is not suitable as a result of the outcome of personal history checks.
A suspension of the certificate of approval should be considered if the grounds for concern are likely to be temporary or if further assessment is required to determine whether the carer's certificate of approval should be cancelled.
Where the CSSC manager is considering the suspension or cancellation of a carer's certificate of approval, relevant Child Safety officers must meet with the carer to discuss the reason for the proposed suspension or cancellation and explain the process.
Where the decision is made, whether by the CSSC or CSU manager, that the suspension or cancellation of the certificate of approval is warranted, the carer must be provided with written notice using either a 'Letter of proposed suspension' or 'Letter of proposed cancellation', created in ICMS, which is to include:
After considering any representation by the carer, where the CSSC manager or CSU manager still considers the suspension or cancellation of the certificate of approval to be necessary, the CSSC manager or CSU manager is to:
The suspension or cancellation of the certificate of approval takes effect on the day the CSSC manager or CSU manager gives notice to the carer of their decision, or a later day, if stated in the notice. Following the suspension or cancellation of the certificate of approval, the CSSC manager or CSU manager must provide written notice to the carer of their decision within 10 days of the decision using either the 'Letter of suspension' or the 'Letter of cancellation', created in ICMS. The notice must:
If the carer's certificate of approval has been suspended, the certificate of approval must be returned to the carer at the end of the suspension period, unless the certificate of approval has been cancelled.
Following the period of review or if the departmental decision is upheld, the CSSC manager is to ensure that the CSU is notified of the suspension or cancellation.
Following the suspension or cancellation of a carer's certificate of approval, the CSSC manager is to ensure:
At the end of the suspension, update the carer's approval status in ICMS and where the certificate of approval is returned to the carer, close the alert. Where the certificate of approval is cancelled following the period of suspension, the alert remains in place.
If the carer does not seek a review of the decision to have their certificate of approval cancelled within the required timeframe, or if they do seek a review of the decision and QCAT upholds the Child Safety decision, notify QFKC of the end of the carer’s approval so that the former carer will be contacted and offered an exit interview by QFKC.
To refer the former carer for an exit interview, complete the ‘Advice to QFKC: End of carer approval’ form, created in ICMS, and fax email the form to QFKC.
The PSU is responsible for ensuring that QFKC receives written notification of all carers who have had their certificate of approval cancelled.
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Blue Card Services issues blue cards and exemption cards and monitors the changes in criminal history of card holders on a daily basis. Blue Card Services, through the CSU, will advise Child Safety of any relevant changes to the criminal history of a carer or an adult household member, for example:
In the case of a suspension or refusal of an existing blue card or exemption card, the chief executive must suspend an approved carer's certificate of approval, pending the outcome of any review process initiated under the the Working with Children Risk Management and Screening Act 2000.
Where Blue Card Services makes the decision to issue an individual with a negative prescribed notice or negative exemption notice, it means that the person will not be issued with a blue card or exemption card, or, if they already have one, that their blue card or exemption card will be suspended or cancelled by Blue Card Services. This is referred to as blue card grounds.
In the above circumstances, the CSSC must take immediate action to suspend or cancel the carer's certificate of approval.
The decision to suspend or cancel a carer's certificate of approval on blue card grounds will be effective immediately, and does not require that the carer be given an opportunity to provide written representations to the CSSC manager, prior to the manager deciding to suspend or cancel their approval.
The CSSC manager however must inform the carer of the decision as soon as practicable after the decision is made.
When Blue Card Services suspension or cancellation relates to an approved carer, the carer's certificate of approval must be suspended or cancelled, and any child in the placement must be removed immediately.
Should the carer subsequently be issued with a blue card or exemption card and the suspension ended, consideration will be given to whether it is in the best interests of any of the children removed, to be returned to the placement.
When the suspension or cancellation relates to an adult member of a carer's household, a decision must be made about whether to remove a child. In this circumstance:
If the adult household member is not planning to leave the household immediately, any child in the placement must be removed and the carer's certificate of approval suspended.
If the adult household member is planning to leave the household immediately, the decision about whether it is in the best interests of the child to remain with the carer is to include consideration of:
The carer is only entitled to have the decision to remove a child from the carer's care reviewed if the chief executive has custody or guardianship of the child, and the carer is an approved foster or kinship carer, and either:
When this applies, provide written notice of the decision to the carer and the child, and ensure that the notice incorporates the information specified in the Child Protection Act 1999, section 90.
A carer's certificate of approval must be cancelled immediately (Child Protection Act 1999, section 140AG(1)), when Blue Card Services cancels the carer's blue card or exemption card in accordance with the Working with Children (Risk Management and Screening Act 2000), sections 237 and 239- an excluding offence with imprisonment, or a disqualification order, which results in a lifetime ban from holding or applying for a blue card).
The cancellation of the certificate of approval must occur as soon as practicable after Child Safety is notified of the decision and the CSSC manager must:
There is no right of review to Blue Card Services for a cancellation of a blue card or exemption card under a prescribed provision or right of review to QCAT in relation to the decision by Child Safety to cancel the carer's certificate of approval.
When Blue Card Services cancels the blue card or exemption card of an adult household member is cancelled under a prescribed provision Working with Children (Risk Management and Screening Act 2000), sections 237 and 239 under the Child Protection Act 1999, section 140AC and 140AG, one of the following will occur:
The suspension of the carer's certificate of approval is an interim measure to allow an assessment of whether the adult household member has left or is likely to leave the household.
To suspend the carer's certificate of approval, the CSSC manager will advise the carer of the decision and the reason for the suspension using the 'Letter of suspension - prescribed provision - adult household member', created in ICMS.
Where the adult household member leaves the household and the CSSC manager makes a decision to end the suspension, the carer must be provided with a 'Letter advising end of suspension', created in ICMS.
If the household member does not leave the household, or is not expected to leave in the near future, the carer's certificate of approval must be cancelled. To cancel the carer's certificate of approval (Child Protection Act 1999, section 140AG(3)), the CSSC manager must notify the carer in writing using the 'Letter of cancellation - prescribed provision - adult household member', created in ICMS, and advise the carer:
Following the period of review or if the Child Safety decision is upheld, the CSSC manager must ensure that the CSU is notified of the decision.
Note: The CSSC manager must not suspend or cancel the carer's certificate of approval if satisfied that the person is no longer a member of the carer's household.
A prohibiting event occurs when an approved carer or an adult member of a carer's household:
If the prohibiting event relates to the approved carer, the suspension of the carer's certificate of approval must occur as soon as practicable after the CSU is notified by Blue Card Services . The CSU will advise the CSSC manager of the notice provided by Blue Card Services.
To suspend the carer's certificate of approval, the CSSC manager must:
The suspension of the certificate of approval remains in place until one of the following occurs:
When the certificate of approval expires, the CSSC manager is to ensure:
Should the carer subsequently be issued with a blue card or exemption card, the CSSC manager is to ensure that the carer is advised in writing that the suspension of their certificate of approval has ended, using the 'Letter advising end of suspension', created in ICMS.
The carer's suspended certificate of approval must be cancelled if Blue Card Services issues a negative prescribed notice or negative exemption notice and:
The certificate of approval must be cancelled as soon as practicable and the CSSC manager is to notify the carer in writing using 'Letter of cancellation - prohibiting event - carer', created in ICMS.
A carer has no right of review regarding the decision to suspend or cancel the certificate of approval in these circumstances. The CSSC manager must ensure that the carer's status and the alert is updated in ICMS and that the CSU is notified.
If the prohibiting event relates to an adult household member, the CSSC manager must suspend the carer's certificate of approval, unless the adult member has left or agrees to immediately leave the carer's household.
The CSSC manager however must not suspend or cancel a carer's certificate of approval if they are satisfied that the person is no longer a member of the carer's household and does not pose any risk to the safety of a child.
If the household member remains in the household, the CSSC manager must:
Where the adult member remains in the carer's household, the CSSC manager cannot cancel the carer's certificate of approval until:
In these circumstances, the adult household member will be advised of their review rights by Blue Card Services, in relation to the decision to issue a negative prescribed notice or negative exemption notice.
If the adult household member is subsequently issued with a blue card or exemption card, the CSSC manager is to ensure that the carer is advised in writing that the suspension of their certificate of approval has ended using the 'Letter advising end of suspension', created in ICMS.
If the household member remains in the household and the period of review expires or the Blue Card Services decision is upheld, the CSSC manager will need to provide written advice to the carer using 'Letter of cancellation - prohibiting event - adult household member', created in ICMS. The written advice is to inform the carer:
Following the period of review or if the decision by Child Safety is upheld, the CSSC manager must ensure that the CSU is notified of the decision.
When a carer or adult household member fails to apply for a blue card or exemption card, or to renew their blue card, the carer's certificate of approval may be suspended or cancelled (Child Protection Act 1999, section 139(5)). In this situation, an assessment of the circumstances may be undertaken to inform the decision about whether to suspend the certificate of approval, to allow time for the carer or adult household member to apply for a blue card, exemption card or the renewal of their blue card.
Prior to any decision to suspend or cancel the certificate of approval, the carer must be provided with information about the proposed action (Child Protection Act 1999, section 140) and the CSSC manager is responsible for notifying the carer in writing using 'Letter to carer - show cause notice', created in ICMS.
A carer has review rights to QCAT about the decision by Child Safety to suspend or cancel the carer's certificate of approval on these grounds.
At the end of the 28 day show cause period, if the decision is to proceed with the suspension of the certificate of approval, the CSSC manager is to notify the carer in writing within 10 days of the decision, using 'Letter of suspension- failure to apply for a blue card or exemption card, or renew a blue card', created in ICMS.
If, within the 28 days, the carer or adult household member is subsequently issued with a blue card or exemption card, the CSSC manager is to ensure that the carer is advised in writing that the suspension of their certificate of approval has ended and their approval is reinstated, using 'Letter advising end of suspension', created in ICMS.
At the end of a 28 day show cause period, if the carer or adult household member has still not applied for a blue card, an exemption card or the renewal of their blue card, or has not left the carer's home, the CSSC manager must cancel the carer's certificate of approval. The CSSC manager must provide written advice to the carer within 10 days of the decision, using 'Letter of cancellation - failure to apply for a blue card or exemption card, or renew a blue card', created in ICMS, and ensure that the CSU is notified.
Following the suspension or cancellation of a carer's certificate of approval, the CSSC manager is to ensure:
At the end of the suspension, update the carer's approval status in ICMS and where the certificate of approval is returned to the carer, close the alert and update the blue card or exemption card details. Where the certificate of approval is cancelled following the period of suspension, the alert remains in place.
If the carer does not seek a review of the decision to have their certificate of approval cancelled within the required timeframe, or if they do seek a review of the decision and QCAT upholds Child Safety’s decision, notify QFKC of the end of the carer’s approval so that the former carer will be contacted and offered an exit interview by QFKC.
To refer the former carer for an exit interview, complete the ‘Advice to QFKC: End of carer approval’ form, created in ICMS, and fax email the form to QFKC.
The PSU is responsible for ensuring that QFKC receives written notification of all carers who have had their certificate of approval cancelled.
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Child Safety will consider the amendment, suspension or cancellation of a provisionally approved carer's certificate of approval in circumstances where the carer is not meeting legislative requirements under the Child Protection Act 1999.
A provisionally approved carer's certificate of approval can be amended if:
A certificate of approval for a provisionally approved carer cannot be amended to change the child for whom the carer is approved.
If the CSSC manager decides that an amendment is warranted and the provisionally approved carer has not applied for the amendment:
Following provision of the written notice:
If, at any stage of this process, the CSSC manager decides not to proceed with the amendment, they must provide written notice to the provisionally approved carer of their decision not to amend the certificate of approval.
A provisionally approved carer's certificate of approval will be suspended or cancelled if:
If the CSSC manager decides to suspend or cancel a certificate of approval as a provisionally approved carer:
relevant Child Safety officers must meet with the carer to discuss the reason for the suspension or cancellation
The CSSC manager must ensure that written advice of the decision is forwarded to the CSU manager.
The former carer will not be referred to QFKC at this stage, for an exit interview, as their substantive application is still to be assessed and decided.
A provisionally approved carer has no right to seek a review by QCAT, of Child Safety decision to amend, suspend or cancel their certificate of approval or to remove a child from their care. The provisional certificate of approval is a temporary certificate and the holder retains their right of appeal to QCAT if the holder's application to be a foster or kinship carer for a child is refused.
Following the suspension or cancellation of a carer's certificate of approval, the CSSC manager is to ensure:
At the end of the suspension, update the carer's approval status in ICMS and where the certificate of approval is returned to the carer, close the alert. Where the certificate of approval is cancelled following the period of suspension, the alert remains in place.
When the substantive application to become a foster or kinship carer is decided close the alert, or change the nature of the alert if the application is refused.
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Where a carer couple separate whilst a joint renewal application is in progress and the following circumstances apply:
The carers’ joint renewal application is no longer valid due to the carers’ separation. To obtain approval for the carer who wishes to continue as a carer:
The approval decision for the carer will include an assessment of how the new circumstances of the applicant will impact on any children in their care. The assessment should not require the gathering of completely new initial assessment information as previously gathered assessment information should be used to inform the new approval decision.
If the application is approved:
Where both individuals wish to continue caring as individual carers, refer to 2. What if there is a change in carer circumstances?
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