The child protection system

For First Nations children, Child Safety must make active efforts to uphold their rights under the Aboriginal and Torres Strait Islander Child Placement Principle.

As an Aboriginal child or a Torres Strait Islander child, you have unique cultural rights to make sure you stay connected to family and culture while in care. You have these rights by law, and Child Safety must uphold them.

Aboriginal and Torres Strait Islander Child Placement Principle

The Aboriginal and Torres Strait Islander Child Placement Principle recognises your right to be connected to your family, community, culture and Country. Any time Child Safety makes a big decision that can change things in your life, they must do everything they can (to apply the principles), as soon as possible, to make sure you are safe and connected to your family, community, culture and country. This is referred to as making active efforts.

Active efforts means that Child Safety must do everything it is practical to do, as soon as possible, to make sure you are safe and stay connected to family, culture and community.

Child Safety will make active efforts to:

• respect and understand your culture
• make sure you and your family can have your say
• listen to what the you say before decisions are made
• support families to have an independent person
• work with the local community-controlled organisations so families get the right help at the right time.

The Charter of rights for a child in care lists the rights of Queensland children and young people living in care. Child Safety must comply with the charter.

The Act establishes the following rights for the child—

• to be provided with a safe and stable living environment
• to be treated fairly and with respect
• to be placed in care that best meets the child’s needs and is most culturally appropriate
• to maintain relationships with the child’s family and community
• to develop, maintain and enjoy a connection to the child’s culture of origin
• for an Aboriginal child—to develop, maintain and enjoy a connection to Aboriginal tradition
• or a Torres Strait Islander child—to develop, maintain and enjoy a connection to Island custom
• to develop, maintain and enjoy the child’s identity, including, for example, the child’s sexual orientation or gender identity
• to choose and practise one or more languages
• to choose and practise one or more religions
• to be consulted about, and to take part in making, decisions affecting the child’s life (having regard to the child’s age or ability to understand), particularly decisions about where the child is living, contact with the child’s family and the child’s health and schooling
• to be given information about decisions and plans concerning the child’s future and personal history, having regard to the child’s age or ability to understand
• to keep, and have a safe space to store, personal belongings
• to engage in play, and other recreational activities, appropriate for the child
• to privacy, including, for example, in relation to the child’s personal information
• if the child is under the long-term guardianship of the chief executive, to regular review of the child’s care arrangements
• to make a complaint to the chief executive if the child considers that the charter of rights is not being complied with in relation to the child
• to have access to dental, medical and therapeutic services, necessary to meet the child’s needs
• to have access to education appropriate to the child’s age and development
• to have access to job training opportunities and help in finding appropriate employment
• to receive appropriate help with the transition from being a child in care to independence, including, for example, help about housing, access to income support and training and education.

• Charter of rights
• Your journey in care
• Rights of children in care poster
• Aboriginal and Torres Strait Islander Child Placement Principle

• Child Safety Officer (CSO) – works directly with you and your family to make sure you are safe, supported and cared for.

• Child Safety Support Officer (CSSO) – helps you and your family understand your needs and supports safety planning.

• Senior Team Leader – makes decisions about placements and contact arrangements.

• Family Group Meeting Convenor – plans and runs family group meetings. They are independent from the child safety service centre and make sure everyone can participate safely.

• Senior Practitioner – provides expert advice to ensure the support you receive meets your needs.

• Manager – oversees staff and operations at a child safety service centre

• A community visitor 

• A child advocate

• A lawyer

• Your parents

• Your guardian

• Foster or kinship carer – a person who cares for you when you cannot live at home. They may be a relative, someone from your community or someone not known to you before. Carers receive training to make sure they can provide safe and supportive care.

If you are Aboriginal or Torres Strait Islander, there are additional supports to help you stay connected to family, kin, community and Culture:

• Cultural Practice Advisor – an Aboriginal or Torres Strait Islander person who advises your CSO on how to understand and support your culture. They work for Child Safety.

• Independent Person — an Aboriginal or Torres Strait Islander person chosen by you, your parent or family member to help you participate in important discussions or decisions. They do not work for Child Safety. 

• Child safety service centres | 1800 177 135 | provides support and services to children, young people, families and carers to ensure children’s safety and wellbeing.

• CREATE Foundation | 1800 655 105 | supports young people in care and connects them with others and helpful services.

• Office of the Public Guardian (OPG) | 1800 661 533 | protects the rights of children and young people in care through community visitors and child advocates.

• Legal Aid Queensland | 1300 651 188 | provides legal help to financially disadvantaged people in criminal, family and civil matters.

• Youth Advocacy Centre (YAC) | (07) 3356 1002 | provides free legal services, youth support and family support for young people, especially those involved in child protection.

• Queensland Civil and Administrative Tribunal (QCAT) | 1300 753 228 | resolves disputes and reviews certain decisions.

If you are Aboriginal or Torres Strait Islander, there are extra supports to keep you connected to family, kin, community and Culture. 

• Queensland Aboriginal and Torres Strait Islander Child Protection Peak (QATSICPP) | (07) 3102 4119

• Aboriginal and Torres Strait Islander Legal Services | 1800 012 255

If you are Aboriginal or Torres Strait Islander, there are extra supports to keep you connected to family, kin, community and Culture.

• Cultural Practice Advisor – an Aboriginal or Torres Strait Islander person who advises your CSO on how to understand and support your culture. They work for Child Safety.
• Independent Person — an Aboriginal or Torres Strait Islander person chosen by you, your parent or family member to help you participate in important discussions or decisions. They do not work for Child Safety.
• Queensland Aboriginal and Torres Strait Islander Child Protection Peak (QATSICPP) | (07) 3102 4119
• Aboriginal and Torres Strait Islander Legal Services | 1800 012 255

Child Safety works with families, carers, government agencies and service providers to ensure children with disability in care have access to disability supports to meet their needs.

The National Disability Insurance Scheme (NDIS) funds reasonable and necessary support to help young people with disability to reach their goals in a range of areas.  The NDIS can help you access services and support in your communities and can provide funding for disability supports like therapies, wheelchairs, or communication devices.

NDIS participants under 18 need to be represented by their parent or guardian*.  When Child Safety is your guardian under a child protection order, they  will be your representative.  When there is a child protection order granting custody to Child Safety, but we are not your guardian, we will still work with you and your parents or guardians and support you through all stages of the NDIS process.

If you are not eligible for the NDIS, Child Safety will continue to meet your disability support needs through your case plan.

Family and Child Connect (FACC), Aboriginal and Torres Strait Islander Family Wellbeing Services (FWS) and Intensive Family Support(IFS) can support families by helping them navigate the NDIS process. 

Learn more on the Child Safety website.

If Child Safety is worried that you are not safe or not being properly cared for, they will speak with you and your family. This is called an investigation and assessment.

The law requires Child Safety to listen to your views before making decisions about you.

During this process, Child Safety will:

• ask questions about what is happening

• look at what is working well

• identify any worries

• work with your family to decide what support is needed.

When answering questions, you can:

• take your time

• ask if you do not understand something

• ask for a break 

• have a support person with you, such as a trusted adult or lawyer.

By law, Child Safety must explain what is happening and tell you about your rights.

In urgent situations, Child Safety and police can move you to a safe place before telling your parents. They must tell at least one parent once you are safe, unless doing so would put you at further risk.

When Child Safety is involved, there may be written plans to support your safety and wellbeing.

When you or your family need help to make sure you’re safe and protected, you might see written plans being made. These plans tell each of the people helping you what to do, and they should be developed together with you and your family. Some of the plans you might see are:

Some plans you might see include:

• Case plan – outlines what needs to happen and how to achieve it. It is usually developed during a family group meeting.
• Support plan – created when extra help is needed for your family.
• Education support plan – supports your learning and school needs.
• Child Health Passport – keeps your health information in one place, including immunisations and specialist referrals.
• Cultural support plan – if you are Aboriginal or Torres Strait Islander, or from a specific cultural background, this plan helps you stay connected to your culture and community. An Independent Person can help you have your say.
• Transition to independence plan – if you are around 15 and in care, your CSO will begin planning with you for adulthood, including life skills, study, work and relationships.

If you’re unhappy with your plan, you can talk to your community visitor or child advocate. They can help you express your views.

Sometimes Child Safety and parents can agree on how to keep a child safe without going to court.

• Intervention with parental agreement (IPA) – parents agree to work with Child Safety. You may remain at home or stay somewhere else temporarily.
• Care agreements – short-term agreements for you to stay somewhere safe.
• Assessment care agreement – lasts up to 30 days while concerns are assessed.
• Child protection care agreement – can last up to six months. Child Safety may make day-to-day decisions during this time.
• Support service case – for families who need help but where protective action is not required, or for young people needing support after turning 18.

If your family and Child Safety do not agree, you may go to Childrens Court.

If Child Safety believes you are not safe with your parents, they may apply to a court for help to protect you. The court will consider the information provided and decide what should happen.

You have the right to attend court and have your views heard. Depending on your age, you may be able to speak with a lawyer who can help you.

Some of the courts you might see are:

• Childrens Court -  deals with child protection matters.
• Family Court -  decides where children live and who cares for them when parents separate.

The court protects your rights and your parents' rights, and helps everyone decide what needs to happen to keep you safe. It can make Child Protection Orders that set out how you will be kept safe.

At a court hearing (also called a trial), the Magistrate hears all the evidence from people involved in your care and then decides:

• whether you need protection
• what type of child protection order is appropriate
• whether a new case plan is needed
• if you are Aboriginal or Torres Strait Islander, whether your cultural needs have been properly considered

You may be asked questions at court. Everyone is there to listen to you so it is important you get across your story.

• If you do not know the answer, say so. You cannot get into trouble for not knowing an answer – it is not a test.
• If you do not understand a question, ask for it to be explained.

You have the right to speak up, and be heard, at every stage while you’re being looked after. 

If you are unhappy with a decision, you should speak to the people around you – your family, your teachers, local Elders, your CSO, your community visitor or child advocate .

If you’re still not happy with your time in care, you can formally ask to have a decision reviewed by the Queensland Civil and Administrative Tribunal (QCAT). QCAT can only review specific decisions like:

• who will you live with
• contact with your parents and family
• removing you from a carer.

You must apply within 28 days of receiving the decision letter from Child Safety. Someone else can apply on your behalf if needed. QCAT will consider your best interests when reviewing the decision.

Adjournment

Delaying a hearing or mention of a case in court for a certain amount of time. There are lots of reasons these happen but often it is because the parents and Child Safety cannot agree on what the next step is or because they do not have all the information they want to give to the court before it makes a decision.

Adoption

Adoption legally gives the rights and responsibilities of parenting to another person – an ‘adoptive’ parent. If this happens, then the child is ‘adopted’, and they live with a new family. This means there is no legal relationship between a child and their birth parent (or their extended family) anymore.

Affidavit

An affidavit is a statement someone swears to be true, normally by signing it in front of a professional person called a Justice of the Peace.

Case plan

A case plan is a written plan for your protection and care needs. It is developed in a Family Group Meeting between Child Safety, you, your family and other people significant to you. It records the goals and outcomes of ongoing intervention and includes the agreed tasks that will need to occur to meet the goal and outcomes.

Child Safety Officer (CSO)

A Child Safety Officer works for Child Safety and will work directly with you, your family and carer to help make sure you are cared for, safe and well.

Contact

By law, contact means somebody speaking with, seeing or writing to you, including through emails and social media such as Facebook. Contact could be in any location and might happen with another adult, such as a Child Safety Officer, being there.

Court-ordered conferences

Court-ordered conferences (COC) are meetings held when someone doesn’t agree with Child Safety about the need for a Child Protection Order.

An independent chairperson runs the meeting, aiming to get everyone to agree to an outcome.

The meeting might ask questions like:

• what are we worried about?

• what is working well?

• what more needs to happen?

Usually, a court-ordered conference will be held before the court makes a decision, unless the court is worried someone may not be safe at a meeting. There might be more than one court-ordered conference while the issue is being heard.

A recognised entity will be present at a court-ordered conference to support the cultural needs and safety of Aboriginal and Torres Strait Islander children and families.

Custody

The right and responsibility to care for and make decisions about the day-to-day needs of a child. (For example, this could include how much television you watch, or which friends you can hang out with and where.)

Family and Child Connect (FACC) 

This is a free service to help families in need of support. FACC works with government and non-government services within the community to help families get the right services at the right time.

Family Group Meetings (FGM)

A FGM helps your family to develop or change a case plan, which is the main plan to explain what should be done to help keep you safe. You can go to the meeting, along with members of your family, your Community Visitor or Child Advocate and staff from Child Safety. There will be a convenor, who runs the meeting and makes sure everything is prepared in advance.

If you are Aboriginal or Torres Strait Islander, an Independent Person can also come along to ensure your culture is respected.

Just because a person goes to a FGM or agrees to help develop a case plan, doesn’t mean they did anything wrong. However, the things people say in FGM may be heard by the court, to help the court make decisions.

Guardianship

The legal responsibility for making decisions about the long-term care, wellbeing and development of a child or young person. This includes decisions about things like medical procedures and enrolment in school. Your parents will remain your guardians until a court orders another person or Child Safety to be your guardian.

Intensive Family Support Service (IFS)

The IFS helps vulnerable families in complex situations build their ability to care for and protect their children.

Interim custody

If a court adjourns (delays) a hearing, it can make an interim order to make sure you are looked after properly in the meantime. (‘Interim’ means ‘in the meantime’.)

An interim order made on adjournment of a court assessment order may grant temporary custody to the Chief Executive, or your parents.

An interim child protection order made on adjournment of a child protection order can grant custody to a family member or the Chief Executive.

Placement

A placement is the place where you live when you can’t live at home with your parents.

Independent Person

An Independent Person is an Aboriginal or Torres Strait Islander person or a group who knows about protecting children, your community or you, but is separate to Child Safety.

Social assessment report

A social assessment report includes all types of information about you - like your history, where you live and the views and wishes you discussed in previous interviews. The social assessment report also includes information and reports from Child Safety and includes an independent opinion on the best way to protect your best interests.

Subpoena

A subpoena is an order to give information to a court.