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A parent responsibility contract (PRC) is not a court order. A PRC is a written agreement that is signed by the parent, or parents, involved and Communities and Justice (DCJ). It is registered at the Children’s Court.
PRCs are used when the case plan goal is to keep a family living together. Or in the case that a family is not living together, a PRC is used to support the family to live together safely.
How parent responsibility contracts achieve real change.
Parent responsibility contracts help give parents, expectant parents, other primary caregivers and their partners, the chance to be clear about what needs to change and commit to taking realistic steps.
The Permanency Support Program's focus on working with families makes the contract a more important tool than ever.
The contracts are voluntary. They're about treating parents with dignity. Parents set their own goals and can get funding to help achieve them. Caseworkers use the contracts to work with parents and support them to make positive change.
Here's one example how.
Pregnant and with drug use and mental health concerns, Helen, whose first three children had been removed, told her caseworker that something had to change. Her caseworker took the opportunity to act while Helen was committed to change, and arranged detox, and later rehabilitation, to help her on a journey towards a new life. To keep Helen focused on her end goal the caseworker suggested a parent responsibility contract to be used as a support tool. The caseworker let Helen know that by including the rehabilitation service in the contract, the service and the caseworker also had to commit to supporting Helen make change. Helen also liked that she could be part of the decision-making, and see what she needed to do differently in writing. They were all in it together. So if you're already having conversations with families about achieving change the parent responsibility contract might be the right tool to support families to act.
A PRC aims to improve parenting. It encourages parents to set goals and agree to actions that reduce risks to their child. We are asking parents to accept greater responsibility for the care of their child. This may include drug testing or treatment for substance abuse.
The contract also includes details of how we support the parent to work toward positive changes in their life and how the contract will be monitored.
A parent responsibility contract can only be made if the parent agrees. A contract provides a structured process to help some parents attend services for the benefit of their child.
Parent responsibility contracts are registered with the Children’s Court. Because a parent responsibility contract is an agreement with legal consequences, parents will be given a referral to Legal Aid so they can get free, independent advice.
Parent responsibility contracts have been strengthened by:
PRCs are to be developed between you and your DCJ caseworker in a respectful, collaborative manner. The PRC will include the following information:
If you are an expectant parent, the purpose of a PRC is to increase your parenting skills and reduce the likelihood of your child being at risk of significant harm once born.
Once you have spoken to an independent person to get legal advice, your caseworker will organise a case plan meeting with all the relevant parties to discuss, negotiate and develop a PRC that suits your family’s needs. Representatives from service providers, courses, treatment programs that could support you to achieve your goals will be included in the case planning meeting.
You should have a separate PRC for your partner if there are issues of violence. If you don’t agree with the PRC, talk to your caseworker about your concerns.
If you have spoken with your caseworker and still disagree with the PRC, you do not have to sign the contract, as PRCs are a voluntary agreement.
DCJ has recognised that a PRC is a positive option for you and your children because:
Where a safety assessment has been undertaken and the case plan is to keep your family living together safely.
Where a prenatal report has been made about an unborn child, caseworkers may consider whether a PRC is an appropriate casework tool to work with an expectant parent to minimise risks to the child after birth.
Once a PRC is registered with the Children’s Court it can be for a period up to 12 months. No more than one PRC can be made with the same primary caregiver within an 18-month period from the beginning of the PRC.
Twelve months gives parents time to make real change. Where DCJ has received a risk of significant harm report about an unborn child, a contract can be used to support expectant parents to address issues so the child is safe when they are born.
Before signing a PRC, you will be given time (up to 2 weeks) to get independent advice about the terms and goals of the PRC. You can get free legal advice from a local or state-wide legal service.
Once you have received legal advice you may give your consent to your legal representative to seek further clarification from DCJ. The information shared between DCJ and your legal adviser can only be for the purpose of clarifying issues in the PRC.
If you breach a term of the PRC or if you don’t do the tasks within the timeframes outlined in your PRC, further casework may be appropriate and an amended PRC may be part of that. If the agreement is broken a decision may be made to file a contract breach notice. The contract breach notice will be filed along with a care application and the PRC can be taken as evidence of prior alternative action.
If a parent or primary caregiver breaches a contract, a contract breach notice can be filed with the Children’s Court. The court can then make:
Under the legislative changes, there is no longer an automatic presumption that the child or young person is in need of care and protection if a contract breach notice is filed with the court. This means parents and primary caregivers who work with DCJ to address child protection concerns will not be at a legal disadvantage if they enter into a parent responsibility contract.
A PRC can only be changed by agreement between you and DCJ. These changes take effect only once registered with the Children’s Court. It is advised that you seek legal advice before signing a changed PRC.
While a PRC is in place, the caseworker and support services work with you to reduce parenting concerns identified and create change that keeps your child safe.
The PRC also details what DCJ will do to support you to address the concerns, and how the PRC will be monitored. It is vital that your caseworker is clear with you and your support services that their roles and responsibilities are to reduce risk and ensure that the focus is on your child’s experience and safety.
28 May 2024