See policy Aboriginal children policy and procedure Case planning for Aboriginal children for tasks that must be undertaken.
All case planning decisions made for an Aboriginal child must consider the following sections of the Children Youth and Families Act 2005 (CYFA):
- recognition principles (s.7E)
- decision-making principles (s. 11)
- additional decision-making principles (s. 12)
- Aboriginal Child Placement Principle (s. 13)
- further principles for placement of Aboriginal child (s. 14)
- best interest principles (s. 10) (which are paramount and all other principles are subject to s. 10).
Child Protection is responsible for providing the opportunity for Aboriginal children, families, communities, Elders and Aboriginal-led services to contribute to decisions and planning. For specific requirements for case planning for Aboriginal children refer to procedure Case planning for Aboriginal children.
The CYFA requires Child Protection to consider the recognition principles (s. 7E) and consult with the Aboriginal Child Specialist Advice and Support Service (ACSASS) prior to making a decision to place an Aboriginal child in out-of-home care (also known as care). The CYFA refers to ‘Aboriginal agency’, though in practice, the Aboriginal agency is ACSASS.
It is a requirement that Child Protection consult with ACSASS regarding all significant decisions. For further details, refer to the ACSASS Program Requirements.
Should an Aboriginal child require placement to ensure their safety and well-being, the CYFA requires Child Protection to apply the Aboriginal Child Placement Principle (s. 13) and Further principles for placement of Aboriginal child (s. 14) when planning and determining a suitable placement. The CYFA prefers children to be placed in kinship care, wherever possible, to maintain the child’s connection to family, community and culture.
Consideration of the recognition principles (s. 7E) must be recorded on CRIS for all key decisions and actions undertaken for Aboriginal children. The ‘Statement of Recognition’ case note category should be used for recording at all points of child protection involvement.
For all practice principles when enacting a case plan refer to Enacting a case plan.
Which decisions are significant?
Child Protection practitioners must consider personal, cultural and family issues specific to each child's family and community and use professional judgment to determine which decision should be responded to as significant decisions.
The table below lists the key decisions that Child Protection should consult with ACSASS. The list is not intended to be exhaustive and there may be additional decisions that are significant to an individual child. It is also important to note, the role of ACSASS is not limited to providing input into significant decisions. While the list is broken down by the phase of Child Protection involvement, decisions marked with an * may occur across multiple phases.
Phase | Decision |
| Intake | Whether an investigation is required (and a report classified as a protective intervention report or therapeutic treatment report) or the report should be classified as a child wellbeing report or there is inappropriate/insufficient information |
| Which, if any, support service(s) may be appropriate for the child and/or family* | |
| Assessment of an unborn report and determining the most appropriate support for the mother (subject to the mother’s agreement for consultation to take place) | |
| Investigation | Planning and conducting the investigation, including first visit (which ACSASS can attend with client consent) |
| Investigation outcome, substantiation decision and identification of person responsible for harm | |
| Issuing of a protection application by notice or by emergency care | |
| Removal of a child from the care of a parent(s)* | |
| Placement of a child following removal from parental care | |
| Assessment of new information about safety, well-being and development* | |
| Determining the appropriate intervention following investigation of a Therapeutic Treatment Report | |
| Changing the status of a child from Indigenous and/or non-Indigenous* | |
| Holding a child at a Police station, following apprehension on a protection application or breach of a protection order by emergency care, or temporary assessment order | |
| Protective intervention | Whether continued Child Protection intervention is required and/or a protection application should be made |
| Input into the case planning process and case planning decisions including AFLDM meetings and determining the permanency objective * | |
| Input into the management and response of critical incidents* | |
| Response to, and planning for, the management of any serious health, education or wellbeing concerns that arise for the child* | |
| Protection order | Breach, variation, revocation or extension of a Children’s Court order |
| Review and/or changes to a child’s case plan and/or permanency objective* | |
| Contact arrangements for a child with their parents and other family members, including changes to these arrangements* | |
| Returning a child to the care of a parent* | |
| Placement planning and placement change(s), including responses to placement breakdown | |
| Preparing an application to the Children’s Court | |
| Contracting case management to an Aboriginal Community Controlled Organisation or a Community Service Organisation | |
| Making an application for a permanent care order | |
| Recording or investigating an incident on the Critical Incident Management System | |
| Placing a child on the infant intensive response (IIR) or high risk youth panel and schedule* | |
| Entry or exit at a secure welfare service (also known as secure care service)* | |
| Transfer of an order or proceedings interstate* | |
| Transfer of an order or proceedings to a different Child Protection area office* | |
| Authorisation to an Aboriginal agency under section 18 of CYFA | |
| Closure | Whether to close a case* |
| The development of a closure plan, including referrals to support the child and family following case closure |
Unless objected to by the child or their family, the ACSASS will be directly involved in all formal decision-making processes, including Aboriginal Family Led Decision Making (AFLDM) meetings.
A child and their family are entitled to refuse the direct involvement of an ACSASS worker in case planning meetings (including ALFDM meetings), however Child Protection must, in these circumstances, continue to consult with ACSASS concerning case planning decisions.
The role of ACSASS in the case plan process is to:
- assist in identifying the goals and key changes required to achieve those goals
- assist in identifying the activities and tasks necessary to bring about change
- provide support to the parents and family to facilitate their understanding of the case plan, the goals and tasks in the actions table
- assist in identifying and locating family members who can help provide support and assistance to the child and their parents
- assist in identifying culturally appropriate services to undertake specific activities and responsibilities
- assist in identifying relevant members of the child's Aboriginal community to be involved in case planning decisions
- support adherence to the recognition principles (s. 7E).
In accordance with the recognition principles (s.7E) in the case of an Aboriginal child, the direct involvement of an ACSASS worker in case planning decisions does not replace the involvement of Elders or other members of the Aboriginal community to which the child belongs.
Where a case planning decision involves the placement of an Aboriginal child in care, Child Protection will consult with ACSASS. ACSASS will assist in identifying a placement for the child, which complies with the Aboriginal Child Placement Principle (s. 13) and Further principles for placement of Aboriginal child (s. 14). ACSASS will also support the development of a cultural plan.