Working with Children Checks prohibition, suspension or interim negative notice - procedure

Follow this procedure when a kinship carer has received a prohibition, suspension or interim negative notice against their Working with Children Check.

Document ID number 1122, version 1, 28 April 2017.

Introduction

A prohibition, suspension or interim negative notice may be issued by the Department of Justice and Regulation when the preliminary assessment of an individual’s criminal record or professional conduct report indicates they may not pass the Working with Children Check, or when charged with a new offence or professional misconduct.

The Office of Professional Practice (OPP) will notify the divisional Child Protection Assistant Director when a carer(s) is issued with a prohibition, suspension or interim negative notice. The department will not receive details of the reason for the prohibition, suspension or interim negative notice.

An assessment of a prohibition, suspension or interim negative notice by the Department of Justice and Regulation may take up to eight weeks.

For further information please see Working with Children Checks prohibition, suspension or interim negative notice - policy and Working with Children Checks for kinship carers - advice.

Procedure

Case practitioner tasks

  • Request an urgent (1 hour) police check from Victoria Police to verify the new charges.
  • Complete a CRIS check to establish which child(ren) the kinship carer is caring for, if there is another approved kinship carer in the household, or if the  carer is a respite kinship carer.
  • Discuss concerns with the carer by phone and advise action will be taken.
  • Advise the Team Manager and undertake an immediate case plan review. If the case is contracted advise the funded agency case manager of the prohibition, suspension or interim negative notice and involve them in the review.
  • Engage the carer, family and other relevant stakeholders in the case plan review as appropriate.

If the case is complex a meeting may be required. Consider an Aboriginal family-led decision making meeting (AFLDM) or family-led decision making meeting (FLDM) where appropriate.

  • Action must be taken within 24 hours. This involves either removing the child from the placement or requesting the carer to remove themselves from the residence, for the duration of the Department of Justice and Regulation’s assessment of prohibition, suspension or interim negative notice.
  • Record all decisions and action taken in CRIS.

For Aboriginal children, consideration must be given to the Aboriginal Child Placement Principle and consultation with ACSASS and other relevant Aboriginal agencies regarding significant decisions.

  • Convene a care team meeting (where applicable) to discuss ongoing support requirements for the child(ren) within five days following the case plan review.

If the kinship carer has not received an outcome of the progress of the prohibition, suspension or interim negative notice assessment by the Department of Justice and Regulation after eight weeks, please send an email to DHHS’s  wwcckinship@dhhs.vic.gov.au and the OPP will follow up on the progress of the assessment.

Supervisor tasks

  • Provide ongoing supervision and support to the child protection practitioner.

Team manager / practice leader tasks

  • Endorse any decision to remove the child from placement.
  • Endorse any change made to the case plan as a result of the case plan review.
  • Attend the care team meeting.

Office of Professional Practice

  • Notify the Divisional Child Protection Assistant Director of prohibition, suspension or interim negative notice being issued for a carer.
  • Record this information on CRIS.
  • Follow up with Department of Justice and Regulation, on progress of the prohibition, suspension or interim negative notice assessments, upon request from child protection practitioners via wwcckinship@dhhs.vic.gov.au email.

 Divisional Child Protection Assistant Director

  • Forward details of the prohibition, suspension or interim negative notice of a carer to the allocated child protection practitioner and team manager.

 

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