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ROLES
AND RESPONSIBILITIES IN SUBSTITUTE CARE If the roles and
responsibilities of individuals and agencies within the child’s
network become fragmented and confused, role boundaries blur to
the point where no one knows who is responsible for the child. Effective
work with a child/young person is dependent on effective work with
the child/young person’s interpersonal network.
The need for the key stakeholders to work together as ‘corporate
parents’ involved in the care of the child/young person is
to be a key tenet in the delivery of Out of home care services.
Factors that support working together include understanding each
others roles and responsibilities, having structures that facilitate
coordination and information exchange, ensuring access to grievance
mechanisms where difficulties do arise and utilizing joint processes
for training and support.
Introducing the Family Caseworker model provides an approach to
integrate the child’s entire network, clarifying the roles
of each participant and to frame a structure in which to work. The
Family Services Case-worker continues as the network coordinator
through the role of case management but is supported by the non-government
agency Family Case-worker who ensures that casework with the child
and family occurs.
It is acknowledged that the role of Family Services is changing
for children and young people in out-of-home care. Family Services
staff are evolving their role from being responsible for direct
supervision of casework to monitoring and regulating the provision
of care to pre-determined standards.
Spall (1998) states that the implications of moving to a shared
family care approach, where the emphasis is on maintaining the parent-child
relationship and keeping families together are:
- A much higher level of engagement and participation
by parents in the day to day lives of their children, regardless
of the appropriateness of reunification;
- Carers who actively and directly work with the
child’s natural family in a more intensive way;
- Carers are involved as members of care meetings
and review of arrangements where the care plan is reviewed;
- Skilled family caseworkers located in foster care
who undertake casework with the child’s network;
- Departmental workers whose primary role is case
management;
- Professionals who operate from a practice model
that would promote parental involvement and direct interaction
in the carer’s home;
- A significant training commitment to assist foster
carers and department staff in shifting their orientation.
CONSULTATION
WITH KEY STAKEHOLDERS
During March 2000 two workshops were held to consider the roles
and responsibilities of various parties under the new Children and
Young People Act 1999 and within other planned reform measures of
Out of home care services in the ACT. The workshops focused specifically
on the roles and responsibilities of Family Services, non-government
service providers and carers and the way these relationships can
work in partnership in the best interests of children and young
people and with their parents and natural families.
The workshops were represented by all of the main players in Out
of home care:
- Non-government service providers (Marymead Child
and Family Centre, Barnardos Australia, Open Family Australia,
Galilee and Richmond Fellowship of the ACT)
- ACT Foster Care Association and carers associated
with Out of home care agencies
- CREATE - representing children and young people;
and
- Family Services, Department of Education and Community
Services.
PROPOSED ROLES AND RESPONSIBILITIES
Determining the roles and responsibilities of the corporate parenting
group has been based on the outcomes of these workshops, the Looking
After Children program and subsequent discussions with the non-government
agencies and Family Services.
OVERARCHING FRAMEWORK
Roles and responsibilities in Out-of-home care will operate within
the framework of:
- The objects, principles and parental responsibilities
sections of the Children and Young People Act 1999, and
- The Looking After Children program.
- Children and Young People Act, 1999
The Children and Young People Act 1999 sets a framework for the
future and a future service system needs to be firmly based on the
new framework. Some of the key features of the Children and Young
People Act, include:
- The significance of the child/young person’s
family including the desirability of keeping the child/young person
within his or her own family;
- The child/young person’s family and other
significant people will be encouraged to participate in decision
making processes;
- Preference for extended family placements sanctioned
by family group conferences;
- Families will be supported to care for their children
in preference to proceeding with care and protection orders;
- Long term guardianship will be the last option;
- The child/young person’s links to a familiar
environment, culture and neighbourhood should be maintained;
- Children/young people will have a greater say
in their care arrangements;
- Decisions regarding Aboriginal children will include
consultation with a recognised Aboriginal organisation; and
- There will be a partnership approach with non-Government
agencies.
Looking After Children program
The Looking After Children program (LAC) is a tool which is designed
to encompass the reality of the corporate parent as well as ensuring
that people who are closest to the child/young person and the child/young
person are closely involved. LAC is a ‘comprehensive system
of recording information and directing practice for children and
young people in care’. LAC is a guided practice system designed
to improve the outcomes for children looked after away from home.
LAC is intended to strengthen working partnerships between key people
in a child/young person’s life and improves the allocation
and clarification of professional responsibilities.
Who is the Corporate parent?
For children and young people in Out-of-home care the corporate
parenting group will include the child or young person, their parents,
carers, the non-government agency and Family Services,
Principles on which the roles and responsibilities are based
1. The corporate parenting group will work in partnership based
on cooperation, respect and trust and in the best interests of the
child or young person in care.
2. The development and review of care plans and other significant
decisions should involve all of the parties involved in parenting
and take into account the views of the child or young person.
3. As far as possible decisions will be made jointly by consensus,
having regard to the views of all parties, including the child or
young person.
4. People who know the child or young person best need to be involved
in both short and long-term decisions which affect them.
5. The person or people with day to day care of the child should
have day to day parental responsibility.
6. Long term parental responsibility may also be delegated but
will normally remain the responsibility of the Chief Executive.
7. Generally while the child is in care the agency will be active
in the whole spectrum of the child’s care network, including
the natural family.
8. In engaging the relevant parties in decision making, importance
will be given to decision making processes being timely and efficient
and having regard to the effect of such processes on the privacy,
stability and daily life of the child or young person and the carer.
9. The effectiveness of the roles of various parties will be underpinned
by a commitment to quality and best practice standards, consistency
across agencies and adequate resourcing and support to agency staff,
carers and birth parents.
10. The new roles and arrangements will be monitored and reviewed
to ensure they are working in the interests of children and young
people in need of care and are in keeping with the legislation and
LAC.
Additional Practice
Guidelines
The Chief Executive or delegate retains the right to visit any
child in care according to the standards in Out-of-home care.
Any change in the overall case direction should be the subject
of a Review meeting involving, where possible all members of the
corporate parenting group. If urgent consultation is required, this
will occur with corporate parents as needed.
The Chief Executive will generally delegate day to day parental
responsibility to the foster carers and the agency. Examples: foster
carers will have responsibility for practical arrangements such
as routine visits to doctors, signing permission notes for excursions,
baby-sitting arrangements etc. Agencies will have responsibility
for arranging contact with family and resolving day-to-day conflicts/issues
etc.
As the Chief Executive will generally retain long-term parental
responsibility, Family Services will therefore have a role in determining
long term planning issues for the child in consultation with the
corporate parent.
The Chief Executive must be satisfied that in each case of delegation
of her day-to-day and long term parental responsibility that policies,
procedures and principles of best child welfare practice have been
followed by the corporate parenting group.
The agency’s involvement with the child’s natural family
will be primarily in relation to placement issues, for example:
negotiating who will have Christmas morning with the child, or working
with schools.
Family Services’ involvement with the natural family will
generally be most intensive in the early stages prior to a Final
care and protection order and after a child has been restored to
their family. This does not exclude the agency continuing to be
involved with the family and to work on the day-to-day issues around
the child/young person in placement. Family Services will work with
the natural family on protective issues stated in the Court Order.
An example might be arranging attendance at a detoxification program.
In the determination of roles, there is a need for some flexibility
in decision making. The LAC review will determine who is the most
appropriate LAC partner to perform specific roles.
Once a child has left care, Family Services will have responsibility
for ongoing monitoring of the child’s situation.
FRAMEWORK FOR THE ALLOCATION
OF ROLES AND RESPONSIBILITIES
In the initial allocation of roles and responsibilities, four phases
were identified:
- Report phase (pre-care);
- First 72 hours and Interim Orders (up to 2 weeks);
- Short to medium term care (up to 12 months); and
- Long term care
Responsibilities of Family Services and the non-government were
identified in each phase.
REPORT PHASE (PRE-CARE)
Family Services will undertake the following statutory functions:
- Investigation of notifications of alleged abuse
and/or risk, including the decision as to whether the child/young
person is able to continue living at home or their current location
safely. Where the child/young person is not able to continue living
at home, Family Services will explore potential kinship options.
Where the child is not able to continue living at home or there
are no kinship options, out-of-home care services will provide
an appropriate service response preferably within the area in
which the child is living;
- Care Planning for statutory child protection clients
who are not in Out-of-home care services;
- Monitoring compliance with conditions attached
to court orders;
- Exercising statutory delegations and decision
making to ensure compliance with the requirements associated with
particular orders and ensuring the safety or well being of the
child.
Family Services Non-government agency (NGO)
- Appraisal of the child and family situation
- Danger and risk assessment
- Referral of family to NGO and liaison
- Family group conferencing
- Gather information and provide support to extended
family networks
- Voluntary agreement
- Application to court
- Provide family support
- Provide information to Family Services
For those children/young people who access community based respite
care, the non-government agency is responsible for undertaking all
case practice associated with LAC.
FIRST 72 HOURS AND INTERIM ORDERS
(UP TO 2 WEEKS)
Although Family Services has care planning responsibility for all
statutory clients, care management will, for the majority of children
subject to statutory orders be provided by the non-government agency
contracted to deliver foster care services for children and young
people.
The Family Services worker has an intense role to play when children/young
people enter Out-of-home care. This intensity should decrease over
time as the child/young person’s future is secured.
Requesting a placement
- When a placement request is being made by Family
Services, the Essential Information Record: Part 1 should be completed
and forwarded to the non-government agency. The Essential Information
Record: Part 1 will replace the ‘Placement request form’.
Voluntary placements - S182
- If the child/young person is going into Out-of-home
care in a voluntary placement where emergency action has not been
taken, the following documents should be completed with the parent
(person with parental responsibility), non-government agency worker
and child/young person (where appropriate) and the Family Services
case worker PRIOR to the child/young person going into a placement:
- Essential Information Record: Part 1
- Essential Information Record: Part 2
- Care Plan
- Placement Plan Part 1
- Placement Plan Part 2
All documents are to be completed as fully as possible. When documents
can not be completed prior to placement in Out-of-home care, the
non-government agency is to facilitate the completion of the remaining
documents.
Responsibilities
of the non-government agency
The non-government agency will be responsible for:
- arranging and supervising all contact between
the natural parent and extended family members and the child.
(The Care conference will determine the frequency and nature of
the contact (ie: supervised or unsupervised), however the non-government
agency will ascertain where and when the contact will occur in
consultation with the carer, the parent and the child/young person).
- arranging a health assessment of the child;
- supporting carers in their role and identifying
resources and other supports required;
- being available to the child/young person in placement;
- working with natural families on placement issues
and providing support if part of the care plan;
- liasing with the child care centre, pre-school
or school
Family Services / NGO / Carer
- Essential information record
(EIR1 in LAC)
- Initial assessments and
care directions
- Protective issues in the
court order
- Initial placement decision
- Work with natural family
on care issues, including restoration
- Instigate and coordinate
development of LAC care plan
- Participate care conferences
and related consultation processes with family members
- Ensure care plan is carried
out
- Investigation of kinship
care options
- More detailed essential information record
(EIR2 in LAC)
Develop and document placement plans – (Placement Plans I
and II)
- Monitor placement and delegated day to day responsibilities
(carer)
- Support carers in their role and identify resources
and other supports required
- Be available to the child in placement
- Arrange and supervise contact with parents and
extended family members
- Work with natural families on placement issues
and provide support if part of care plan
- Organise in care conference to develop care plan
- Arrange health assessment.
- Day to day parental responsibility (exclusions
are decisions about change of schools, haircuts)
- Support child in the placement
- Participate in development and review of placement
plan and care plan and other case conferences
- Facilitate transport to assessments, medical appointments
and family support
SHORT TO MEDIUM TERM CARE ( 2
WEEKS TO 12 MONTHS)
Review of the Care Plan
The Care Plan completed at the time of placement is to be reviewed
within four weeks of coming into care and then within three months
of the placement. Only a Review of Arrangements, which involves
all corporate parents, should change the care plan. Family Services
is responsible for ensuring that reviews of arrangements occur and
monitoring the care plan. The non-government agency will co-ordinate
the meeting, ensuring that the Family Services worker is available
to attend.
Due to the resource implications, workers meetings to discuss the
‘case’ should only occur where there is conflict between
Family Services and the non-government agency concerning the management
or direction of the care plan. It is critical that parents are fully
engaged within the care process and that they are party to the decisions
and discussions concerning their parenting of their child. Some
parents may choose not to engage in the process but they must be
provided with every opportunity to contribute.
Annual Review
After ten months of being in care the Assessment and Action Record
is to be completed. The Assessment and Action Record will be completed
by a number of members of the corporate parenting group depending
on who has the information. The Family Services worker and the non-government
agency worker should negotiate who will complete the various sections
of the Assessment and Action Record. The non-government agency will
then facilitate the completion of the Assessment and Action record
and compile the summaries for the Review of Arrangements meeting.
The Assessment and Action record is designed to be completed within
a two month period and should take no more than two weeks to complete.
Family Services / NGO / Carer
- Ensure care plan is developed and up to date
- Ensure reviews of arrangements occur
- Ensure court requirements and statutory obligations
are adhered to
- Work with NGO to prepare natural family for restoration
- Ensure care plan is being carried out
- Negotiate relevant resources for placement with
NGO
- Oversee development of restoration plan within
overall care plan
- Provide post restoration monitoring
- Ongoing placement planning and review
- Arrange care conferences as required
- Monitor placement and delegated day to day responsibilities
(carer)
- Support child in placement
- Support carers in their role and identify resources
and other supports required
- Ensure medical, psychological and educational
assessments and appointments are undertaken as per placement plan
- Arrange and supervise contact with parents and
extended family members
- Work with natural families on placement issues
and provide support if part of care plan
- Work with Family Services in preparation of family
for restoration
- Liaise with and provide information to Family
Services Case Manager
- Day to day parental responsibility (in accordance
with Placement Plan)
- Support child in the placement
- Facilitate transport to assessments, medical appointments
and family support
- Participate in development and review of placement
plan and care plan and review of arrangement meetings.
- Facilitate contact between child and their parents
and extended family as appropriate within care and placement plans.
Responsibilities of
the non-government agency
The non-government agency will be responsible for:
-
arranging and supervising all contact between
the natural parent and extended family members and the child.
(The Care conference will determine the frequency and nature
of the contact (ie: supervised or unsupervised), however the
non-government agency will ascertain where and when the contact
will occur in consultation with the carer and the parent).
-
supporting carers in their role and identifying
resources and other supports required;
-
being available to the child in placement;
-
working with natural families on placement issues
and providing support if part of the care plan;
-
liasing with the child care centre, pre-school
or school;
-
arranging the development of an Individual Education
Plan in consultation with the school, when the child has been
in care for longer than three months.
-
ensure medical, psychological and educational
assessments and appointments are undertaken as per placement
plan
-
work with Family Services in preparation of the
natural family for restoration;
-
negotiate the completion of the Assessment and
Action record with Family Services and ensure the completion
of the Assessment and Action record.
-
co-ordinate the Review of Arrangements meeting,
ensuring that the Family Services worker is available to attend.
LONG TERM CARE (LONGER THAN 12
MONTHS)
When a child has been in care for longer than twelve months, the
Review of Arrangements can be extended to intervals of no more than
six months. Only the Review of Arrangements should change the care
plan.
The non-government agency is responsible for all day-to-day arrangements
and will be responsible for:
- arranging and supervising all contact between
the natural parent and extended family members and the child.
(The Care conference will determine the frequency and nature of
the contact (ie: supervised or unsupervised), however the non-government
agency will ascertain where and when the contact will occur in
consultation with the carer and the parent).
- supporting carers in their role and identifying
resources and other supports required;
- being available to the child in placement;
- working with natural families on placement issues
and providing support if part of the care plan;
- liasing with the child care centre, pre-school
or school;
- arranging the reviews of the Individual Education
Plan in consultation with the school, on a six monthly basis.
- ensuring medical, psychological and educational
assessments and appointments are undertaken as per placement plan
- work with Family Services in preparation of the
natural family for restoration (if required);
- negotiate the completion of the Assessment and
Action record with Family Services and ensure the completion of
the Assessment and Action record.
- co-ordinate the Review of Arrangements meeting,
ensuring that the Family Services worker is available to attend.
Family Services / NGO / Carer
- Ensure care plan is developed and up to date
- Ensure review of arrangements and changes to care
plan occur
- Ensure court requirements and statutory obligations
and reporting are adhered to
- Provide post restoration support of child and
family
- Coordinate development of after care plan
- Ensure care plan is being carried out
- Provide placement planning
- Monitor placement and delegated day to day responsibilities
(carer)
- Support child in placement
- Support carers in their role and identify resources
and other supports required
- Arrange, monitor and supervise (as appropriate)
contact with parents and extended family members
- Work with natural families on placement issues
- Ensure medical, psychological and educational
assessments and appointments are undertaken (as per placement
plan)
- Work with Family Services to prepare natural family
for restoration as per care plan
- Provide after care support on leaving care (as
per plan)
- Liaise with and provide information to Family
Services ß Day to day parental responsibility
- Participate in development and review of placement
plan and care plan and other case conferences
- Facilitate contact between child and their parents
and extended family (within placement and care plan)
- Prepare child or young person for restoration
and support process with natural family
- Prepare young person for independent living and
ongoing support after care.
- Coordinate and prepare assessment for Enduring
Parental Responsibility (EPR)
- Provide reports as requested by F.S. in relation
to EPR’s
- With EPR, day to day and long term parental responsibility
In long term placements, the Family Services worker will participate
in the Review of Arrangements and the development of the Care plan,
however day to day decisions will be made by the non-government
agency who should inform Family Services of ongoing issues.
Where it is appropriate for an Enduring Parental Responsibility
order to be applied for, Family Services will lodge the application.
Other responsibilities of the non-government agency
Non-government agencies will be contracted to provide:
- Recruitment and selection of foster carers;
- Provide carer training, both initial and ongoing
training;
- Provide supervision and support to carers on a
24 hour basis where required;
- 24 hour access to emergency placements for Family
Services;
- A robust case management approach which maintains
a focus on minimising harm and reducing risk, and promotes stability
and resilience.
IMPLEMENTATION OF THE
LOOKING AFTER CHILDREN PROGRAM
Implementation of the Looking After Children program will
commence on 1 December 2000.
Implementation
schedule
Full implementation of the Looking After Children program will
be implemented over the next 6 – 12 months. It is proposed
that implementation will proceed in the following manner:
18 October 2000
- First LAC Implementation meeting.
November 2000
- Training non-government agency workers and carers
who provide emergency or temporary placements
- Training of the Family Services officers in the
response teams from Northern Regional Office and Southern Regional
Office
- Training of the Permanent Care Unit staff who
case manage children/young people in the Barnardos programs.
- Potential trainers identified from Barnardos,
Galilee, Marymead Child and Family Centre and Open Family. Trainers
complete their first two-day training session.
1 December 2000
- All children/young people entering substitute
care. All new requests for placement by Family Services will follow
the Looking After Children practice system.
February 2000
- Training of non-government agency staff and carers
who had not attended training in November 2000.
- Training of Family Services case-work teams from
Northern Regional Office and Southern Regional Office.
- Training of the Permanent Care Unit (remaining
staff not trained in November 2000)
- Completion of the Train the Trainer training for
non-government agencies.
1 March 2001
- All substitute care agencies and Family Services
implement the Looking After Children program.
- For children and young people within substitute
care programs, Family Services will complete the Essential Information
Record, Part 1 and provide to the non-government agency
- As care conferences become due, the Review of
Arrangements and Care Plans under LAC are completed.
Prior to the yearly review being completed the Assessment and Action
Records are completed.
Records
When a child or young person moves between care placements, the
original Looking After Children documents should move to the next
agency with the child/young person. The original non-government
agency should keep a copy of the documents on the child/young person’s
file. When a child returns home, the original documents should be
returned to the Family Services case-worker who will place the documents
on the child/young person’s file.
Who completes the Looking After Children materials?
There are a number of materials which make up the Looking After
Children guided practice system. The responsibility for the completion
of these materials is detailed below:
Essential Information Record – 1
When a child/young person is referred by Family Services then the
client information required by the E.I.R. 1 which is very basic
information should be known to Family Services therefore it should
be completed by Family Services, and sent to the non-government
agency, which has agreed to accept the referral. That agency is
then responsible to ensure that parent’s and carers receive
their copy. Only on emergency with an unknown child should partial
completion occur.
Essential Information Record – 2
Some information may be known to Family Services, which they can
provide but not in all cases therefore, the non-government agency
worker is responsible for finding out the information and completing
E.I.R. 2
Placement Plan – 1
Some of the information may be known to Family Services, but since
some involves intimate knowledge of the child/young person, most
will not be known. In addition agreements for care are on these
materials and need to be signed by the parents if they are legally
entitled to do so. If they are not legally entitled to do so, Family
Services needs to provide a copy of their legal authority (ie: court
order in respect to the child/young person) and a signature of the
Family Services case worker. The agency must have authority from
a parent or other to care for the child/young person therefore the
non-government agency is responsible to coordinate the information
and distribute it to parents and carers.
Care Plan
The non-government agency worker is responsible for writing the
document following consultation with Family Services and other stakeholders
ie parent if in their care. Care plans will be often written following
a review meeting. Even for a child admitted for overnight care,
a care plan must be completed to carry out any work.
Placement Plan
The agency worker in consultation with stakeholders should do this.
Action and Assessment Records
These are coordinated by the non-government agency worker but may
be completed by a number of different relevant people. The relevant
sections of these are sent to the appropriate persons so that their
work is carried out or started before a review is held.
Consultation documents
These are sent out by the non-government agency.
Review Forms
The preparation for a review is done by the non-government agency.
For example: Agenda prepared from Action and Assessment materials
and by consulting stakeholders, including Family Services.
Family Services will chair the review meeting. Non-government agency
worker takes minutes approved by Family Services and the non-government
agency worker distributes.
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